23 Cal. 522 | Cal. | 1863
delivered the opinion of the Court—Norton, J. concurring.
This is an action to enforce a mechanic’s lien. The building was owned by the defendant Allen. Craig was the original contractor who agreed to construct it; and the plaintiff furnished materials for its construction between April 6th and June 28th, 1862. On the third day of July, the plaintiff filed a notice of his demand and lien in the Recorder’s office, and within five days thereafter gave Allen notice thereof; and July 3d, he presented his account to Craig, who admitted in writing thereon that it was correct. On the seventeenth day of July, 1862, the plaintiff again gave Allen notice of his hen, in accordance with the provisions of the Act of 1862—the sum of $2,000 then being due and unpaid under the contract from Allen to Craig; and also filed an account of his demand and hen in the Recorder’s office. The building was completed August 20th, 1862. Allen demurred to the complaint, on the ground that it did not state facts sufficient to constitute a cause of action, and that it did not show that the plaintiff had any hen upon the property. The Court sustained the demurrer and rendered final judgment for the defendants, from which the plaintiff appeals.
On the twenty-sixth day of April, 1862, a law was passed in relation to hens of mechanics and others, which took effect June 25th, 1862, the last section of which repealed ah prior laws upon
The judgment is reversed and the cause remanded, with directions that the defendants answer the complaint within ten days after service on them of notice of the filing of the remittitur in the Court below.