Sutton v. Stephan

Citations

• 101 Cal. 545
• 36 P. 106
• 1894 Cal. LEXIS 1073

Syllabus

<p>Appeal—Review of Motion to Strike Out.—Where an appeal is taken from a final judgment on the judgment-roll without any statement or bill of exceptions, an order denying a motion to strike out parts of defendant’s answer cannot be considered.</p> <p>Id.—Judgment-roll.—A motion to strike out parts of pleading and an order denying the same constitute no part of the judgment-roll.</p> <p>Agistor’s Lien.—The keeper of a livery and feed stable has a lien upon a horse, buggy, and harness left in the stable, on account of his feed and care of same.</p> <p>Id.—Waiver op Lien—Refusal to State Amount' Due.—Although retention of possession upon any ground inconsistent with a lien usually amounts to a waiver of the lien, a stable-keeper does waive his lien upon a horse and buggy in his possession by failure upon demand to give a full and itemized account of all claims and charges, and to state the amount of his lien.</p> <p>Id.—Remedy op Owner—Claim and Delivery.—The owner must redeem from the lien in accordance with the provisions of section 2905 of the Civil Code, or bring an action to redeem from the lien, and cannot bring an action in claim and delivery, having no right to the immediate possession of the property.</p>