Preston v. Sonora Lodge

Citations

• 39 Cal. 116

Syllabus

<p>Mechanics’ Lien Act of 1868.—La adjusting the conflicting rights of mortgages, material-men, laborers, etc., under the Act of 1868, “to secure the liens of mechanics and others,’’ the rule laid down by the statute is the familiar one, in equity, that lie has the better right who is first in point of time.</p> <p>Ldem.—Construction of Words “Payments” and “Credits.”—The words “payment and offsets ” arc substantially equivalent, in meaning, to the words ‘ credits and offsets,” as employed in the fifth section of the Act.</p> <p>Practice.—The action of the Court below, in granting or refusing an application to re-open a case for the purpose of introducing further proof, is largely a matter of discretion, and will not be reviewed by the appellate Court, except under peculiar circumstances, showing an abuse of the discretion.</p>