Goldtree v. City of San Diego
California Court of Appeal
In this appeal, No. 445, and in appeal No. 472, an opinion was rendered on January 10, 1908, covering both appeals. Subsequently a rehearing was granted by the district court of appeals in both appeals. The opinion on the rehearing of this appeal, which is reported below, adopts the opinion rendered on January 10, 1908, and .quotes it in extenso. The further facts are stated in the opinion of the court.
1Opinion of the Court
ON BEHEARING.
TAGGART, J.
It being assumed upon the former decision of this appeal that the errors relied upon on the appeal from the judgment were the same as those presented on appeal No. 472, which was considered with it, the error of the trial court in awarding a personal judgment against the defendants Howard and Long escaped attention.
We are satisfied that while the laborers working for the subcontractor, Stabler, were entitled to have that portion of the sewer fund earned by their labor applied to the payment of their claims, they were not entitled to a personal judgment against the…
2Cases cited15 opinions
- Zottman v. City & County of San FranciscoCalifornia Supreme Court · 1862
- San Francisco Gas Co. v. City of San FranciscoCalifornia Supreme Court · 1858
- Mayrhofer v. Board of Education of San DiegoCalifornia Supreme Court · 1891
- Spring Valley Water Works v. City & County of San FranciscoCalifornia Supreme Court · 1890
- Bates v. County of Santa BarbaraCalifornia Supreme Court · 1891
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3Cited by8 opinions
- Commander v. Board of Com'rsSupreme Court of Louisiana · 1942
- D. I. Nofziger Lumber Co. v. SolomonCalifornia Court of Appeal · 1910
- Hughes v. BakerSupreme Court of Oklahoma · 1934
- Sweeney v. Board of Trustees of Auburn School DistrictCalifornia Court of Appeal · 1917
- Stansbury v. FrazerCalifornia Court of Appeal · 1920
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