Gordon Hardware Co. v. San Francisco & San Rafael Railroad
Citations
- 86 Cal. 620
- 25 P. 125
- 1890 Cal. LEXIS 1079
Syllabus
<p>Mechanic’s Lien — Time of Filing Claim-—Construction of Railroad — Completion of Work — Nonsuit—Evidence—Conclusions not Objected to. — Although work clone in the construction of a railroad may not have been contemplated by the contract, if the obligations of the contractor to the company were not extinguished, and there is some testimony tending to show that the work was not actually completed until within thirty days of the filing of a claim of lien for materials furnished in the construction of the road, the fact that such evidence consists largely of conclusions not objected to will not justify a nonsuit upon the ground that the claim of lien was not filed in time.</p> <p>Id.—Materials Furnished — Excessive Claim — Articles not Subject to Lien — Segregation. — The fact that a claim of lien was in part for articles not the subject of lien will not vitiate the claim, if it was not willfully false, and the court should permit the claimant, by proof, to make the necessary segregation, throw out the value of such articles, and declare a lien for the remainder.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- no showing of prejudice where appellate counsel failed to call witnesses who were other potential suspects to testify on motion for new trial
- Counsel’s strategic decisions, such as which witnesses to present, “do not amount to deficient performance unless they are so unreasonable that no competent attorney would have made them under similar circumstances”
- “[T]he extent of cross-examination [is a matter] of trial strategy and tactics, and such strategic and tactical decisions do not amount to deficient performance unless they are so unreasonable that no competent attorney would have made them under similar circumstances.”
- “As we have explained, when trial counsel does not testify at the motion for new trial hearing about the subject, it is extremely difficult to overcome the presumption that his conduct was reasonable.” (citation and punctuation omitted)
Source: CourtListener parenthetical corpus (CC0).
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