Elder v. Spinks
California Supreme Court
Appeal from the District Court of the Fourteenth Judicial District, Placer County. The actions, which were consolidated a,s s'tated in the opinion, were brought to establish and foreclose mechanics’ liens upon the property of the defendants for work done during the years 1877—8. The plaintiff had judgment, and the defendant J. D. B. Cook appealed. The other facts are stated in the opinion.
1Opinion of the Court
By the Court, Crockett, J.:
Four actions were consolidated and tried together, there being only one judgment in the whole. In the case of Elder v. Spinks, the summons was served on the defendant on the 17th of April, and on the 22d of April the complaint was amended, but no copy was served on the defendants, nor does it appear that they had notice of it. Having filed no answer, their default was entered, and judgment taken against them as on a default.
The amendment, at the most, when read in connection with .the original complaint, constituted an amended complaint, filed “ of course,” in…
2Cited by14 opinions
- Sichler v. LookCalifornia Supreme Court · 1892
- Beronio v. Ventura County Lumber Co.California Supreme Court · 1900
- Dobbins v. Economic Gas Co.California Supreme Court · 1920
- Linott v. RowlandCalifornia Supreme Court · 1897
- Dexter Horton & Co. v. LongWashington Supreme Court · 1891
9 more not listed; retrieve them via the Exa API.