Germania Building & Loan Ass'n v. Wagner

Citations

• 61 Cal. 349
• 1882 Cal. LEXIS 615

Syllabus

<p>Mechanics’ Liens—Constitutional Law.—It was not the intention of the new Constitution to repeal or abrogate the then existing law giving liens to mechanics upon real property found in Sections 1183 to 1199, Code of Civil Procedure, and such law was preserved in full force and effect by Section 1, Article xxii., of the Constitution.</p> <p>Id.—Notice op Lien.—The notices of lien in question in this case were filed in time, and sufficiently set forth the contracts upon which they were founded, and the parties between whom they were made, as well as the character and quality of the materials furnished.</p> <p>Id.—Foreclosure op Mortgage—Answer—Cross-complaint—Appeal,— Upon an appeal by the plaintiffs in a foreclosure suit—in which the mortgagors made default—from a judgment foreclosing the mortgages sued upon, and also the mechanics’ liens set up in the answers and cross-complaints of certain defendants, and adjudging the latter to be paramount to the plaintiff’s mortgages, it was objected that the cross-complaints were not served upon the mortgagors, and that therefore the Court had no jurisdiction of their persons.</p> <p>Held: The appellant has not been injured by the omission, and has no right to urge the objection. Besides, there was no necessity for a cross-complaint in the case. It was charged in the complaint that the appellants had or claimed some interest in the mortgaged premises, and it was sufficient for them to set up that interest by way of answer.</p> <p>Id.—-Mortgage—Priority of Lien,—The defendants’ liens, being for materials which they commenced to furnish before the execution of either of the mortgages sued upon, were properly preferred to and given priority over them.</p> <p>Id.—Judgment—Merger.—A mechanic’s lien is not merged or destroyed by a judgment against the party personally liable.</p>