San Joaquin Lumber Co. v. Welton

Citations

• 115 Cal. 1
• 46 P. 735

Syllabus

<p>Mechanics’ Liens—Claim op Materialman—Completion op Work— Cessation — Pleading—Uncertainty—Waiver — Evidence— Finding.—Where the complaint of a materialman alleged that the buildings contracted for were in an unfinished condition, but that work ceased thereon “on or about the first day of April, 1894, and has not been resumed,” and that plaintiff’s claim of lien was filed for record on May 8, 1894, though such complaint is subject to a demurrer for uncertainty as to the time of cessation of the work, yet, in the absence of a special demurrer, objection on that ground is waived, and it may he proved and found that the work ceased on the first day of April, 1894; and the complaint and finding show with certainty a completion of the work thirty days after that date, and that the claim of lien was filed in time after such complet;on.</p> <p>Id.—Attorney’s Fee on Appeal.—Upon the affirmance of an appeal from a judgment enforcing a mechanic’s lien, the supreme court will not make any directions to the lower court respecting the allowance of an attorney’s fee for defending the appeal. Under section 1195 of the Code of Civil Procedure, that matter rests exclusively with the trial court.</p>