Barber v. Reynolds

Citations

• 44 Cal. 519

Syllabus

<p>Parties Plaintiff in Suits to Enforce Liens.—The several parties who furnish materials for or perform labor on a building constructed without any contract in writing for building the same, may unite in an action to enforce their several liens under the Act of April 20th, 1862, in relation to mechanics’ liens.</p> <p>Liens where there is no Contract in Writing.—When a person proceeds to construct a building by purchasing material and employing labor without making any contract in writing for the construction of the same, the parties thus furnishing material and performing labor are entitled to liens under the seventeenth section of the Act of 1862 concerning mechanics’ liens, even though the amount of a claim exceeds two hundred dollars; and the second section of said Act, requiring contracts to he in writing, has no application to such claims.</p> <p>Lien of Mechanics and Judgments—Priority.—The lien of a judgment rendered after labor is commenced or material is first delivered, is postponed to the lien of the material man, or laborer, although the labor is completed and the last of the material delivered after the judgment is docketed.</p> <p>Lien Filed for too Much.—A lien for labor or material under the lien Act of 1862, will not be rejected because it was filed in the Recorder’s office for too much, unless it appears that it was a willfully false claim.</p> <p>Day when Mechanics’ Lien Takes Effect.—Under the lien Act of 1862, where there is no written contract for the construction of the building, the several liens of the material men and laborers do not relate back to the day of the commencement of the building, hut each lien relates hack to and takes effect on the day the particular labor was commenced, or the material began to he furnished for which the lien is sought to he enforced.</p> <p>Satisfaction of Judgment by Levy.—Although it is a general proposition that a levy under an execution upon sufficient personal property to satisfy it amounts to a satis