Humboldt Lumber Mill Co. v. Crisp
California Supreme Court
The facts are stated in the opinion. Samuel Rosenheim, and A. G. & H. K. Bells, for Appellant.
1Opinion of the Court
GRAY, C.
This action was brought to enforce mechanics’ liens upon three acres of land oymed by defendant upon which a house in course of construction had been destroyed by fire, without any fault of the owner, before it was completed, and before the claim of lien was filed. The defendant had judgment, and the plaintiff appeals therefrom.
We are of opinion that undep the peculiar language of our Mechanics’ Lien Law the lien has nothing to which it can attach if filed after the destruction of the building.
Section 1185 of the Code of Civil Procedure provides: ‘‘The land upon which any building,…
2Cases cited6 opinions
- Avery v. ClarkCalifornia Supreme Court · 1891
- Davies Henderson Lumber Co. v. GottschalkCalifornia Supreme Court · 1889
- Goodman v. BaerlocherWisconsin Supreme Court · 1894
- Tuttle v. MontfordCalifornia Supreme Court · 1857
- Holzhour v. MeerSupreme Court of Missouri · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Connolly Development, Inc. v. Superior CourtCalifornia Supreme Court · 1976
- Nolte v. SmithCalifornia Court of Appeal · 1961
- English v. Olympic Auditorium, Inc.California Supreme Court · 1933
- Pneucrete Corp. v. United States Fidelity & Guaranty Co.California Court of Appeal · 1935
- Dodd v. San Joaquin Lumber Co.Court of Appeals for the Ninth Circuit · 1924
19 more not listed; retrieve them via the Exa API.