Arata v. Tellerium Gold & Silver Mining Co.

Citations

• 65 Cal. 340
• 4 P. 195
• 1884 Cal. LEXIS 545

Syllabus

<p>Mechanic’s Lien—Claim.—An averment in a claim for a mechanic’s lien, that a person against whom the lien is claimed “is the owner and the reputed owner of said premises,” is a sufficient compliance with the provisions of section 1187 of the Code of Civil Procedure.</p> <p>Id.—Yeehtcation—It is not necessary that the verification of a claim for a mechanic’s lien shall state that the same is true of the affiant’s “ own knowledge.” It is sufficient if it state that it “iis true.”</p> <p>Pbaotice—Notice of Motion—Bule of Coubt.—A rule of court provided that notice be given of all motions not ex parte. Held, that it was error to strike out an answer as sham and irrelevant without notice to the defendant.</p>