Legal Opinion

McGinty v. Morgan

California Supreme Court

Decided September 14, 1898No. S. F. No. 899PublishedCited by 7 opinions

APPEAL from an order of the Superior Court of Santa Clara. County granting a new trial. W. G. Lorigan and John Reynolds,. Judges. The facts are stated in the opinion of the court.

1Opinion of the CourtHarrison, J.

The superior court rendered judgment in favor of the plaintiff for the foreclosure of a mechanic’s lien upon certain property of the defendant, and afterward, upon motion of the defendant, granted a new trial. From this order the plaintiff has appealed. The motion was made upon several statutory grounds, but in its order the court limited the ground upon which it was granted to the insufficiency of the notice of lien which was filed with the county recorder, in that it failed to contain a statement of the “terms, time given, and conditions of the contract.”,The plaintiff contracted directly…

2Cases cited2 opinions

  1. Jewell v. McKayCalifornia Supreme Court · 1889
  2. Wagner v. HansenCalifornia Supreme Court · 1894

3Cited by7 opinions

  1. C.A. MacOmber v. L. M. BigelowCalifornia Supreme Court · 1899
  2. California Portland Cement Co. v. Wentworth Hotel Co.California Court of Appeal · 1911
  3. Long v. NewlinCalifornia Court of Appeal · 1956
  4. Consolidated Lumber Co. v. Bosworth, Inc.California Court of Appeal · 1919
  5. San Pedro Lumber Co. v. SchroeterCalifornia Supreme Court · 1909

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