Western Lumber Co. v. Phillips

Citations

• 94 Cal. 54
• 29 P. 328
• 1892 Cal. LEXIS 634

Syllabus

<p>Infancy — Parties — Jurisdiction of Person — Appearance of General Guardian — Guardian ad Litem. —• The appearance of a general guardian is sufficient to give the court jurisdiction of the persons of infant defendants, and the fact that no guardian ad litem, was appointed for them is immaterial.</p> <p>Id. — Pleading — Joinder of Infants in Common Answer. — Where infant defendants have no separate or special defense, no separate or special answer need be filed in their behalf, but joinder in a common answer with the other defendants is sufficient.</p> <p>Id. —Waiver of Findings by Infants. —The provision of section 634 of the Code of Civil Procedure, to the effect that findings may be waived by the several parties to an issue of fact, includes all parties, and applies to infants as well as adults.</p> <p>Foreclosure of Mechanic’s Lien — Judgment against Contractor — Appeal by Other Defendants. — Other defendants appealing from a judgment foreclosing a mechanic’s lien cannot object to the sufficiency of the form of a judgment against the contractor, who does not appeal, and by which the appellants are not prejudiced.</p>