Brock

Brock v. Herrick

Good Law
1855 Cal. LEXIS 108·5 Cal. 279
Supreme Court of CaliforniaJuly 1, 1855California257 words

Opinion

Lead Opinion

Murray, J.

Heydenfeldt, J., and Bryan, J., concurred.

The only question involved is whether the County Court has jurisdiction to enforce a mechanic’s lien where the amount in controversy exceeds two hundred dollars.

It is contended that this is a special case within the meaning of the 9th section of the 6th Article of the Constitution of this State. In *280 Parsons v The Tuolumne Company we held that the words special cases were intended to embrace those cases that are the creation of statute, and the proceedings under which are unknown to the general frame-work of Courts of Common Law and Equity. Proceedings to enforce a mechanic’s lien cannot properly be said to come within this definition. The mechanic is entitled to receive compensation for his labor and materials, and may enforce his right by suit in Courts of General Jurisdiction. Thus far he stands upon the same footing as other litigants in the assertion of a right, to which the law is adequate, to furnish a remedy. In addition to this the law of this State has superadded a new security, which provides that by complying with certain regulations, the property itself shall be liable for the debt; in other words it creates a sort of…

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