Neihaus v. Morgan

Citations

• 5 Cal. Unrep. 391
• 45 P. 255
• 1896 Cal. LEXIS 1065

Syllabus

<p>Action—Motion to Dismiss When Judgment not Entered in Time.—A motion to' dismiss ah action tried to the court, on the ground that plaintiff has neglected to have judgment entered for more than six months after decision, is not authorized by Code of Civil Procedure, section 581, where neither party is entitled to judgment at the time, because written findings have not been prepared and approved by the judge, or waived by the parties.1</p> <p>Mechanic’s Lien—Statement of Claim.—Code of Civil Procedure, section 1187, prescribing what facts must be stated in the recorded claim of a mechanic’s lien, inter alia, requires a statement of claimant’s “demand after deducting all just credits and offsets,” but does not require a statement that the materials furnished and used were furnished “to be” used in the buildings. Held, that the claim of lien need not contain such statement.</p> <p>Mechanic’s Lien.—A Claim of Lien on Two Buildings Stated that the reasonable value of the materials furnished by plaintiffs for each house was $18-2.70, no part of which had been paid, and that the sum of $365.40, “in gold coin of the United States,” was still due on such buildings, after deducting all just credits and offsets. Held, that the claim was not open to the objection that it did not state the amount of plaintiffs’ demand after deducting all just credits and offsets, because of the quoted words.</p> <p>Mechanic’s Lien.—In an Action to Enforce a Mechanic’s Lien on two buildings, the decree was that plaintiffs have a valid lien on the houses and lot for the sums found due them; that the sheriff sell the property, and from the proceeds of the sale pay plaintiffs the sums found due them, viz., $365.49 on account of their claim, $50 for attorneys’ fees, and $45.60 for their costs; and that he bring the surplus money, if any, into court, to abide its further order. Held, that the decree was not open to the objection that it was unintelligible, and incapable of being executed by the sher