Kennedy & Shaw Lumber Co. v. Dusenbery

Citations

• 116 Cal. 124
• 47 P. 1008
• 1897 Cal. LEXIS 521

Syllabus

<p>Nonsuit—Failure to Except—Presumption upon Appeal.—Where a nonsuit is granted, and the plaintiff fails to except to the order granting it, it must be assumed upon appeal that, upon the evidence before the court, the nonsuit was properly granted.</p> <p>Id.—Findings.—Where a nonsuit is granted, there is no occasion for any findings upon the issues presented by the pleadings.</p> <p>Id.—Foreclosure of Mechanics’ Liens—Consolidation of Actions— Default of Contractor—Effect of Nonsuit as to Owners.— Where several actions to foreclose mechanics’ liens are consolidated, and a nonsuit is granted in favor of the owners as to one of the plaintiffs for the insufficiency of his claim of lien, they are entitled to judgment against him for costs, and he is not entitled to judgment against them for the unpaid amount of the purchase price; but such plaintiff still remains a party to the action as against the other lien claimants and the contractor, and when the contractor has made default, is entitled to judgment against him by default.</p>