McCray

McCray v. Wotkyns

Good Law
1919 Cal. App. LEXIS 365·41 Cal. App. 449·182 P. 972
Court of Appeal of CaliforniaJune 7, 1919Civ. No. 2882.California806 words

Opinion

Lead Opinion

Finlayson, J.

Plaintiff seeks to enforce a mechanic’s lien on a lot in Los Angeles belonging to defendant Kate B. Wotkyns, for work done in grading and leveling the. lot. The defendant Kate is the • wife of her codefendant Walter, and the land is her separate property. From a judgment decreeing that plaintiff has a lien on the lot, directing its sale by the sheriff and adjudging that plaintiff have a deficiency judgment against both defendants if the lot shall- not sell for enough to satisfy plaintiff’s claim, defendants appeal.

The appeal was taken under the alternative method. Notwithstanding that, where the appeal is so 'taken,' the statute requires the parties to print in their briefs, or in a supplement appended thereto, such portions of the record as they desire to call to the attention of the court (Code Civ. Proc., see. 953c), and the typewritten transcripit of the evidence in the case covers some eighty pages, there is not printed in any of the briefs, or in any supplement thereto, more than the merest modicum of the- evidence. [1] However, from a consideration of such of the evidence as is printed, we think the judgment must be reversed, for the reason that it appears therefrom that…

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