Harmon v. San Francisco & San Rafael Railroad

— This cause was heard in Bank, and the judgment and order were reversed, and the cause remanded for a new trial in May last. We are satisfied with the conclusion then reached herein.

The evidence shows that “the work on the contract was completed on June 2, 1884.” We are asked to consider the evidence in the record on appeal in the case of Gordon Hardware Co. v. San Francisco & S. R. R. R. Co., post, p. 620, because that case and the one at bar were consolidated, by order of the court below, upon consent of counsel for the respective parties; but this we cannot do. The plaintiff in each case was defeated in the court below, and each one moved separately for a new trial, the grounds of which were peculiar to the respective cases; separate bills of exceptions were prepared and filed, separate appeals were taken, and each case was presented in this court on its own record.

Respondent claims that the claim filed by plaintiff, and upon which this action is based, must have included material for which no lien could be maintained, because the plaintiff testified that of the lumber he furnished “ there was used $1,159.13 worth in the building of temporary houses,” and $577 paid on the…