Keener v. Eagle Lake Land & Irrigation Co.

Citations

• 110 Cal. 627
• 43 P. 14
• 1895 Cal. LEXIS 1110

Syllabus

<p>Summons—Proof of Service upon Corporation—Sufficiency of Affidavit.—In an action against a corporation, an affidavit of service of summons stating that it was personally served upon a designated person, described as the managing agent of the corporation, by delivering to such managing agent personally a copy of the summons attached to a copy of the complaint, sufficiently shows that the service was made upon the corporation, and is prima facie proof that the person served was its managing agent upon whom the summons was authorized to be served for the corporation.</p> <p>Id.—Laborer’s Lien—Construction of Statute—Pleading—Terms of Statute.—The act of March 31, 1891, giving a lien to mechanics and laborers employed by a corporation for wages earned by and due them weekly or monthly, applies only to corporations doing business in the state who employ laborers or mechanics by the week or month, and whose wages under the terms of their employment are payable weekly or monthly; and a plaintiff seeking to enforce the lien given by that statute must bring himself within the terms stated, and aver that the wages due him were earned weekly or monthly.</p> <p>Id.—Filing Notice of Lien.—A laborer does not acquire any right to enforce a lien under the act of 1891 by reason of filing a notice of mechanic’s lien.</p> <p>Id.—Allowance of Counsel Fees.—Where there is no lien to be enforced there can be no allowance of counsel fees in the action.</p>