Gilkey

Hammond Lumber Co. v. Gilkey

Good Law
120 Cal. App. 252·1932 Cal. App. LEXIS 68·7 P.2d 724
Court of Appeal of CaliforniaJanuary 27, 1932Docket No. 620.California2,486 words

Opinion

Lead Opinion

Lambert, J.

This is an appeal by the plaintiff and appellant Hammond Lumber Company from an order setting aside a judgment of foreclosure in a mechanic’s lien case, which judgment had been entered after a default of the defendants against which the judgment was rendered had been duly entered by the clerk of the court. This case, Civil No. 620, is a companion case to Civil No. 621, Hammond Lumber Co. v. Strolsee, post, p. 766 [ 7 Pac. (2d) 727 ] and as the issues in both cases are identical, it was stipulated that the cases be heard on one reporter's transcript and one set of briefs. The appellant in this case brought an action against Dan Gilkey, Charles G. Strolsee, One Doe Company, a corporation, Two Doe Company, a corporation, One Doe, Two Doe and Three Doe. The complaint was afterward amended by inserting the name of the Park-ridge Country Club, a corporation, in the place of the fictitious name One Doe Company, a corporation, and by inserting the name of Eva Gilkey in place of the fictitious name of One Doe. Other amendments were made which will be mentioned later. A chronological statement of the various papers filed and proceedings will help to make the situation clear.

1. The…

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