Brennan v. Swasey

Citations

• 16 Cal. 140
• 1860 Cal. LEXIS 189

Syllabus

<p>The notice of mechanic’s lien, filed in the Recorder’s office, need not set oat the items of the account; a general statement of the demand, showing its nature. and character, and the amount due or owing thereon, is sufficient.</p> <p>A party having secured a mechanic’s lien under the statute, does not forfeit or waive it, by causing an attachment to be issued and levied upon property of the debtor to secure the same demand. The two remedies are cumulative, and both may be pursued at the same time.</p> <p>If the party attempts to pursue them in separate actions, he might be put to his election; but it is no defense to an action to enforce the mechanic’s lien, that in a previous suit for the same debt an attachment was issued and levied upon the property of the debtor, particularly when such suit had been dismissed, and nothing was realized by the attachment.</p>