Lacore v. Leonard
California Supreme Court
Appeal from the District Court of the Tenth Judicial District, County of Sierra. The lien was filed February 28th, 1870, under the Act of March 30th, 1868. The complaint was- filed on the twenty-eighth of May following, and the summons was issued October 25th, 1870. The plaintiffs obtained a judgment of foreclosure by default, and on the next day, without notice, the Court modified the judgment to a money judgment only. The plaintiffs appealed from the modified judgment.
1Opinion of the Court
By the Court:
The plaintiff’s lien had expired before his action was-commenced. He took judgment foreclosing the lien, and directing a sale of the property by default; but on the next *395day, the matter being called to the attention of the Court, it was ordered that the judgment be so modified as to give him a money judgment only. There was no error in the action of the Court in this respect.
J udgment affirmed.
2Cited by3 opinions
- Becker v. Superior Court of Santa Clara Cty.California Supreme Court · 1907
- Miller v. CarlisleCalifornia Supreme Court · 1899
- Ascha v. FitchCalifornia Supreme Court · 1896