Jewell
Jewell v. McKay
Opinion
Lead Opinion
Hayne, J.
This was a suit to foreclose eleven mechanics’ liens, which are set forth in separate counts of tiie complaint. The liens claimed were for labor and materials furnished to McKay & Harmon in the alteration and repair of a building owned by them. The ground upon which the building stood did not belong to McKay & Harmon, but belonged to one Ricks, whose interest was sought to be charged, on the theory that he had knowledge of the work," but did not give notice that he would not be responsible .therefor, as required by section 1192 of the Code of Civil Procedure. The trial court gave judgment for the defendants upon the third, fourth, fifth, and tenth counts; and as the plaintiff has not appealed, these counts are not before us for consideration. Judgment upon the other counts was given for the plaintiff; and the defendants appeal therefrom, and from certain orders in relation to costs.
1. The appellants base objections upon the fact that the complaint alleges that the name of one of the employers was W. P. Harmon, while some of the notices of lien designate him as -Fred Harmon, and some as Frank W. Harmon. The first count, however, has the following allegation: “That said defendant…