Kennedy-Shaw Lumber Co. v. Priet
Citations
- 113 Cal. 291
- 45 P. 336
- 1896 Cal. LEXIS 779
Syllabus
<p>Mechanics’ Liens—General Creditors of Contractor—Claimants of Liens.—General creditors of the contractor, who have themselves no liens upon the building and premises, are not concerned with the correctness or incorrectness of the finding of the court as to the liens of other claimants; and, upon appeal from a money judgment rendered in their favor against the contractor, they cannot assail findings in favor of the validity of liens claimed by others.</p> <p>Ed.—Judgment Payable out of Money Due Contractor—Error in Favor of Appellant.—Creditors of the contractor, who have no lien upon the building and premises, are entitled only to a money judgment against the contractor, and are not entitled to a judgment providing that the remainder of the fund due from the owner to the contractor, after the payment of liens, shall be distributed between them; but error in such judgment, being favorable to them, cannot be complained of upon their appeal from the judgment.</p>
Judges: McFarland
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