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>
Judges: Sawyer
Read full opinion on CourtListenerCited by
21 cases in this archive cite this case; the 20 most cited are listed.
- Kelly v. McKibbenCalifornia Supreme Court· 1880-07-01· cited 39×
- Collins v. ScottCalifornia Supreme Court· 1893-12-21· cited 38×
- Kentfield v. HayesCalifornia Supreme Court· 1881-07-01· cited 26×
- Pfister v. WadeCalifornia Supreme Court· 1886-03-23· cited 24×
- Linott v. RowlandCalifornia Supreme Court· 1897-12-29· cited 21×
- People ex rel. Huston v. HuntIdaho Supreme Court· 1872-01-15· cited 15×
- Barber v. ReynoldsCalifornia Supreme Court· 1872-07-01· cited 15×
- Handyspot Co. v. BuegeleisenCalifornia Court of Appeal· 1954-10-19· cited 12×
- Fisher v. BriscoeMontana Supreme Court· 1890-07-15· cited 10×
- Claussen v. ChapinMontana Supreme Court· 1923-12-12· cited 10×
- Wooddy v. JamiesonIdaho Supreme Court· 1895-04-06· cited 8×
- Easton v. O'ReillyCalifornia Supreme Court· 1883-04-11· cited 7×
- Link v. JarvisCalifornia Supreme Court· 1893-06-03· cited 4×
- Romero v. RomeroSupreme Court of Puerto Rico· 1924-04-30· cited 4×
- Gorton v. FerdinandoCalifornia Supreme Court· 1883-07-20· cited 3×
- Miranda v. LópezSupreme Court of Puerto Rico· 1941-03-14· cited 3×
- World Package, Express & Messenger Co. v. Trades AssemblyMontana Supreme Court· 1900-07-30· cited 2×
- Taboada Bosch v. DragoniSupreme Court of Puerto Rico· 1937-02-15· cited 2×
- Estate of Chavier v. Estate of GiráldezSupreme Court of Puerto Rico· 1909-03-17
- Barceló v. Sucrs. de FernándezSupreme Court of Puerto Rico· 1941-02-11
Cites
1 case in this archive is cited by this case.
Other cases named Barber v. Reynolds
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