McDonald v. Backus

Citations

• 45 Cal. 262

Syllabus

<p>Plea or Non-Joinder, in Abatement.—A plea in abatement by the defendants sued, of the non-joinder of other parties who are alleged to he ' necessary defendants, if proved on the trial, must prevail, even if the plaintiff was ignorant of the fact that such other parties were necessary defendants.</p> <p>Parties to Poreolosure or Mechanics’ Lien.—If a mechanic, in his claim filed under the Act of 1868 to obtain a lien, states the name of the person by whom he was employed, and it turns out that such person was a member of a firm, and employed him on behalf of the firm, the mechanic, in an action to enforce the lien, may and should make all the members of the firm defendants, notwithstanding the name only of the one by whom he was employed appears in the claim filed with the Recorder.</p> <p>Statement or Name or Bmpi.gyer in Mechanics’ Lien.—The clause in the Act of 1868, concerning mechanics’ liens, which requires the person filing a claim for a lien to state therein the name of thq person' by whom he was employed, is intended to require the statement of a mere fact, and not of a conclusion of law.</p> <p>Mistake in Use oe Word. -A mere ■ mistake in the use of a word in a claim filed to secure a mechanics’ lien will not vitiate it, but the Court will insert the word intended to be used.</p>