Treatise On the Mechanic's Lien Law, of California. (Passed March 30, 1868)
Treatise On the Mechanic's Lien Law, of California. (Passed March 30, 1868)
California. Laws, Statutes, Etc. [from Old Catalog]
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material men until notice served on him, and then only to the extent of the sam dae the contractor at the date of the notice. KnowUs y. Joost, 13 Cal. 621. Under the Mechanic's Lien Act, it is not necessary that the acconnt to be filed in the Recorder's office shonld remain in the office after it is recorded. Mars v. McKay ^ 14 Cal. 128. A salt to enforce a particular lien, under the Act, is a proceeding to enforce all the liens against the property, and an intervention in a suit already pendin...g, if filed within the six months, ia as much a compli- ance with the Act as an original salt. Ih. 129. In a suit to enforce a mechanic's lien on a ditch, a mortgagor of the ditch subsequent to the lien has no absolute right of intervention, and where the suit has been pending some time, and the application to in- tervene was made just as plaintiff was taking judgment, the application was properly refused. Hacker v. KtUey^ 14 Cal. 166. For extra work on a building by the contractor, in pursuance of the general provision in the contract for extra work, at the will of the owner, there may be a lien on the property, as against a mortgagee, given by the owner before the extra work was commenced ; provided, the work was done with the knowledge of the mortgagee, and without objection from him.
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