Williams v. Santa Clara Mining Ass'n of Balt.

Citations

• 66 Cal. 193
• 5 P. 85
• 1884 Cal. LEXIS 729

Syllabus

<p>Appeal—Service of Notice on Adverse Parties—Modification of Judgment.—The Supreme Court has no jurisdiction to bear an appeal from a judgment, unless the appellant shall have served a notice of appeal on all the parties whose rights may be affected by a reversal of the judgment, or where the appeal is from a part of the judgment, by a reversal of the part appealed from. But a modification of the judgment may be made on an appeal from the whole judgment, although'some of the parties have not been served with the notice of appeal, provided such modification cannot affect the rights of the parties not served.</p> <p>Id.—Oil an appeal from a judgment as an entirety, the power of the Supreme Court is not limited to an affirmance or reversal of the judgment as a whole, but it may modify the judgment, when a modification is appropriate and necessary to a correct determination of the rights of tho parties.</p> <p>Mechanic’s Lien—Mining Cladi.—Tho term “ mining claim” has always been applied to a portion of mineral lands to which the right of exclusive possession and enjoyment by private persons has been asserted by actual occupation, or by compliance with local mining laws, rules, usages, or customs. Land, the title to which is held under a Spanish or Mexican grant, although mineral in character, is not a mining claim; and the statute creating liens in favor of mechanics and laborers has no application to such land.</p> <p>Id.—Priority of Mortgage Lien.—The lien of a recorded mortgage or deed of trust takes priority over a subsequent mechanic’s lien, under section 1186 of the Code of Civil Procedure.</p> <p>Id.—Mortgage—Notice.—Section 1192 of the Codo of Civil Procedure, requiring the owner, or person having or claiming an interest in land on which an improvement is to be erected, to give notice that he will not be responsible for the cost of the same, does not apply to, nor affect the interest of a prior mortgagee under a recorded mortgage.</p>