Barber v. Reynolds

Citations

• 33 Cal. 497

Syllabus

<p>Amended Complaint.—An amended complaint takes the place of the original, and when it is filed the original ceases to perform any further functions as a pleading.</p> <p>Dissolution of Injunction.—An amended complaint, by leave of the Court or Judge, may be filed without prejudice to an injunction previously granted, and, when thus filed, the injunction will not be dissolved by reason thereof.</p> <p>Joinder of Plaintiffs in Suit to enforce Liens.—Material men and mechanics who are entitled to a lien on a building, but whose claims are several without any community of interest in the claims themselves, may, under the statute, join as plaintiffs in an equitable action to establish and enforce their liens.</p> <p>Mechanics’ Lien without Written Contract.—When a person proceeds to erect a building without making any contract for the erection of the same, material men who furnish the materials, and mechanics who labor on the building, in pursuance of section seventeen of the Lien Law of 1862 are entitled to liens without making a written contract, even if the value of the material furnished or labor performed exceeds two hundred dollars.</p> <p>Injunction to restrain Removal op Building.—Mechanics and material men who perform labor upon and furnish materials for a building erected by the lessee upon a leased lot, and have a lien for the value thereof, are entitled to an injunction to restrain a judgment creditor of the lessee, whose judgment is younger than the lien, from removing the building from the lot when the security is insufficient without such building.</p>