Davis v. Livingston
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. Davis commenced this action in a Justice’s Court, to enforce a lien for one hundred and twenty-four dollars and seventy cents. Brokaw & Metcalf intervened, claiming a lien, and Brown & Wells also intervened, claiming a lien. The case was then transferred to the District Court for trial.
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. Davis commenced this action in a Justice’s Court, to enforce a lien for one hundred and twenty-four dollars and seventy cents. Brokaw & Metcalf intervened, claiming a lien, and Brown & Wells also intervened, claiming a lien. The case was then transferred to the District Court for trial. The three notices claiming a lien, given by Brokaw & Metcalf, were all for the same account, and the first was served April 7th, the second April 10th, and the third April 15th, 1863. The following was the second…
1Opinion of the Court
By the Court, Shafter, J.
This action was brought to enforce a mechanic’s lien upon certain buildings erected for the Livingstons by Sheldon, Gosling & Stebbins, under a written contract. Broekaw & Metcalf intervened, claiming a lien for materials furnished upon the order of the contractors. Brown & Wells also intervened, claiming a similar lien. The answers denied each and every allegation of the complaint and interventions. The cause was tried by the Court and was decided in favor of the plaintiffs and intervenors. The defendants F. and M. Livingston, and Stebbins, one of the contractors,…
2Cases cited2 opinions
- Dore v. SellersCalifornia Supreme Court · 1865
- Heston v. MartinCalifornia Supreme Court · 1858
3Cited by12 opinions
- McClain v. HuttonCalifornia Supreme Court · 1900
- Eberle v. DrennanSupreme Court of Oklahoma · 1912
- Jewell v. McKayCalifornia Supreme Court · 1889
- Johnson v. SmithCalifornia Court of Appeal · 1929
- Liberty Perpetual Building & Loan Co. v. M. A. Furbush & Son Mach. Co.Court of Appeals for the Fourth Circuit · 1897
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