Palmer v. Uncas Mining Co.

Citations

• 70 Cal. 614
• 11 P. 666
• 1886 Cal. LEXIS 858

Syllabus

<p>Miner’s Lien—Foreclosure of — Allegation of Non-payment—Demurrer. — In an action to foreclose a miner’s lien, an allegation that the defendant, for whom the plaintiff performed the services for which the lien was filed, has paid to the plaintiff no part of the amount due therefor, and that the same is now due and owing to the plaintiff from the defendant, is a sufficient averment of non-payment, in the absence of a demurrer.</p> <p>Id. — Right to Lien — When not Lost by Giving Order on Mine-owner. — A miner does not lose his right to a lien by giving an order on the owner of the mine for a portion of the amount due him for his labor thereon, if the order was not received by the payee in payment of any claim against the drawer, nor paid or accepted by the drawee, but returned to the drawer before the filing of his claim of lien.</p> <p>Id. — Superintendent of Mine — Right of to Lien.—One performing manual labor in and upon a mine is entitled to a lien therefor, though called the superintendent of the mine.</p> <p>Deposition — Stipulation for — Witness out of State—Estoppel.—• Where the parties stipulate that the deposition of a witness out of the state may be taken by a designated person, and when taken may be used on the trial, they are afterwards estopped from objecting that the deposition was not taken under a commission issued by the trial court.</p>