Legal Opinion

Deady v.Townsend

California Supreme Court

Decided July 1, 1881No. 6,768PublishedCited by 4 opinions

Appeal from a judgment for the plaintiff, and a,n order denying a new trial, in the Fourth District Court for the City and County of San Francisco. Morrison, J. After the decision, the appellant filed his petition that the appeal be reheard in Bank, and the application was denied.

1Opinion of the Court

Morrison, C. J.:

This is an action to enforce a lien for work done in planking the crossing of McAllister and Polk streets, and for reconstructing the angular corners thereon. Plaintiff had judgment, and from that judgment, as well as from the order of the Court denying defendant’s motion for a new trial, this appeal is prosecuted.

The first point urged for a reversal of the judgment of the Court below is, that the proof of demand was insufficient. This precise question has recently been passed upon by this Court, in the case of Dyer v. Brogan, ante, p. 234, and we see no reason to depart from…

2Cases cited2 opinions

  1. Emery v. San Francisco Gas Co.California Supreme Court · 1865
  2. Harney v. HellerCalifornia Supreme Court · 1873

3Cited by4 opinions

  1. Schwiesau v. MahonCalifornia Supreme Court · 1900
  2. Williams v. McDonaldCalifornia Supreme Court · 1881
  3. Remillard v. Blake & Bilger Co.California Supreme Court · 1915
  4. Lambert v. MarcuseCalifornia Supreme Court · 1902

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