Wood v. Wrede
California Supreme Court
Appeal from the District Court, Third Judicial District, County of Alameda. This action was brought to foreclose a lien claimed upon a dwelling house for labor performed upon it. The defendant objected to the lien being received in evidence, because it did not contain the name of the person by whom the plaintiff was employed. The Court overruled the objection. The plaintiff had judgment, and the defendant appealed.
1Opinion of the Court
By the Court:
The claim of a lien for labor filed by the plaintiff in the office of the County Recorder is insufficient under the provisions of the fifth section of the Act (Acts 1867-8, p. 589), in that it wholly fails to state “ the name of the person by whom he was employed.” The claim, as filed in the Recorder’s office, sets forth that Wrede caused the construction of the dwelling house and improvements with respect to which the lien is asserted; but this is not in any sense a statement of the name of the person by whom the plaintiff was employed, nor could it have been intended as such,…
2Cited by7 opinions
- Malone v. Big Flat Gravel Mining Co.California Supreme Court · 1888
- Wagner v. HansenCalifornia Supreme Court · 1894
- Hooper v. FloodCalifornia Supreme Court · 1880
- Gordon Hardware Co. v. San Francisco & San Rafael RailroadCalifornia Supreme Court · 1889
- Madera Flume & Trading Co. v. KendallCalifornia Supreme Court · 1898
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