Legal Opinion

Kelley v. Plover

California Supreme Court

Decided June 12, 1894No. 15401PublishedCited by 2 opinions

Appeal from a judgment of the Superior Court of the City and County of San Francisco, and from an order denying a new trial. The facts are stated in the opinion.

1Opinion of the Court

Haynes, C.

This action was brought by plaintiffs as copartners, to enforce a lien for materials furnished by *36them to the contractors, Kirlan and Brady, for the repair of buildings owned by appellant Plover.

Plaintiffs had judgment, defendant’s motion for a new trial was denied, and this appeal is from the judgment and the order denying a new trial.

Kirlan and Brady, the contractors, and several fictitious persons, were named as defendants, but were not served and did not appear, and no disposition of the cause was made as to them.

No objection was made in the court below to proceeding with the…

2Cases cited4 opinions

  1. Tredinnick v. Red Cloud Consolidated Mining Co.California Supreme Court · 1887
  2. Jewell v. McKayCalifornia Supreme Court · 1889
  3. Hills v. OhligCalifornia Supreme Court · 1883
  4. Blackman v. MarsicanoCalifornia Supreme Court · 1882

3Cited by2 opinions

  1. Madary v. City of FresnoCalifornia Court of Appeal · 1912
  2. Bell v. AdamsCalifornia Supreme Court · 1907

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