Rapp v. Horgan

The plaintiff commenced an action against the defendants to foreclose a mechanic’s lien. The owners appeared and answered. A trial was had before the court sitting without a jury. The trial court made findings of fact in favor of the plaintiff and from a judgment entered thereon the defendants have appealed under section 953a of the Code of Civil Procedure.

Before any evidence was introduced the defendants objected to the taking of evidence on the ground that the complaint did not state a cause of action. The trial court allowed the plaintiff to amend and thereupon overruled the objection. The…