Western Lumber & Mill Co v. Merchants' Amusement Co.

Consolidated action to foreclose mechanics’ liens. Complaints were filed by Western Lumber and Mill Company and Pacific Ornamental Decorating Company. In the former action, the owner of the land, Gager, the lessee in whose name the building was constructed, Merchants’ Amusement Company, the contractor, J. B. Dawson, and all persons claiming liens, including the plaintiff in the other action, the Pacific Ornamental Decorating Company, were named as defendants. In the action last entitled only the owner, lessee and contractor and two fictitious persons were made defendants. Of the defendant lienors, in the first action, Whittier-Coburn Company, E. G. Judah, City Mill and Manufacturing Company, Mutual (United) Casting Company, Plowe Brothers, and L. J. Smith filed answers and cross-complaints. The defendants owner, lessee, and contractor answered to each of the cross-complaints, except that of Howe Brothers, and to the complaint of the Western Lumber and Mili Company, but did not answer the complaint of the Pa ciñe Ornamental Decorating Company, and no answers or cross-complaints were filed by anyone in the action instituted by the last-named plaintiff. Neither did the Pacific…