Harmon v. San Francisco & San Rafael Railroad
California Supreme Court
Appeal from a judgment of the Superior Court of Marin County, and from an order denying a new trial. The action was brought to enforce a lien for materials furnished to the original contractor under a contract to construct a portion of the San Francisco and San Rafael Railroad, lying between San Rafael and Point Tiburón, in Marin County.
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Appeal from a judgment of the Superior Court of Marin County, and from an order denying a new trial. The action was brought to enforce a lien for materials furnished to the original contractor under a contract to construct a portion of the San Francisco and San Rafael Railroad, lying between San Rafael and Point Tiburón, in Marin County. The plaintiff’s claim of lien was filed for record June 18, 1884, and described the materials furnished as “ lumber, timber, logging, and other like material.” The claim showed that the original contractor for the work was one McDonald, with whom the claimant…
1Opinion of the CourtPaterson, J.
— This cause was heard in Bank, and the judgment and order were reversed, and the cause remanded for a new trial in May last. We are satisfied with the conclusion then reached herein.
The evidence shows that “the work on the contract was completed on June 2, 1884.” We are asked to consider the evidence in the record on appeal in the case of Gordon Hardware Co. v. San Francisco & S. R. R. R. Co., post, p. 620, because that case and the one at bar were consolidated, by order of the court below, upon consent of counsel for the respective parties; but this we cannot do. The plaintiff in each case…
2Cases cited1 opinion
- Putnam v. RossSupreme Court of Missouri · 1870
3Cited by14 opinions
- Eskestrand v. WunderMontana Supreme Court · 1933
- Nicolai v. Van FridaghOregon Supreme Court · 1892
- Dixie Lumber Co. v. YoungSupreme Court of Alabama · 1919
- Snell v. PayneCalifornia Supreme Court · 1896
- B. & J. Construction Co. v. Spacious Homes, Inc.California Court of Appeal · 1962
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