Hagman v. Williams

Citations

• 88 Cal. 146
• 25 P. 1111
• 1891 Cal. LEXIS 663

Syllabus

<p>Appeal—Transcript — Copy of New-trial Order — Second Bill of Exceptions — Clerk’s Certificate. —Where, after an order denying a new trial, a second bill of exceptions is filed, setting out the proceedings on the motion and the order made thereupon, a certificate of the clerk that the record contains correct and complete copies of the records and documents on file in the case, and, among others, of the last bill of exceptions, “including the order refusing anew trial,” is sufficient to meet the requirements of section 952 of the Code of Civil Procedure as to the copy of the order.</p> <p>Pleading —Answer —Denials on Information and Belief—Presumptive Knowledge — Recorded Claim of Lien. — Where facts are alleged in a verified complaint which are presumptively within the personal knowledge of the defendant, he is not permitted to deny them upon information and belief, but must answer positively; hut this rule does not apply to the denial of the sufficiency of a recorded claim of lien.</p> <p>Id.—Mechanic’s Lien — Foreclosure — Issue as to Claim of Lien — Variance between Complaint and Record. — In an action to foreclose a mechanic’s lien, where the complaint alleges that the claim of lien was duly recorded, and states its contents substantially in the language of the statute, hut the recorded claim of lien was in fact inartificialiy drawn, and not in the language of the complaint, a denial in the answer, upon information and belief, that the claim contains the necessary facts, is sufficient to raise an issue as to the alleged claim of lien.</p> <p>Id.—Relevancy of Evidence to Pleadings—Unworkmanlike Character of Labor ■—Rebutting Evidence. — After the claimant of a mechanic’s lien has introduced evidence to show that the labor for which the lien was claimed was done in a good and workmanlike manner, evidence on the part of the defendant tending to disprove that fact, and to show that the work sued for was not done in a workmanlike manner, is admissible, notwithstand