Mayrhofer

Mayrhofer v. Board of Education of San Diego

Good Law
1891 Cal. LEXIS 782·89 Cal. 110·26 P. 646
Supreme Court of CaliforniaMay 18, 1891No. 13675California1,112 words

Opinion

Lead Opinion

Temple, J.

— This action was brought to foreclose a lien for materials furnished to a subcontractor, for the building of a public school-house.

Final judgment was entered upon demurrer to the complaint, and plaintiff appeals from the judgment. Whether the laws of this state give to mechanics and material-men the right to have a lien upon such buildings is the only question necessary to consider upon this appeal.

Section 15, article 20, of the constitution provides: “ Mechanics, material-men, artisans, and laborers of every class shall have a lien upon the property upon which they have bestowed labor or furnished material, for the value of such labor done and material furnished; *112 and the legislature shall provide, by law, for the speedy and efficient enforcement of such liens.”

Section 1188 of the Code of Civil Procedure enacts that mechanics and material-men shall have a lien for labor or material used in the construction of any building or other structure.

The following sections prescribe the procedure and the effect of certain acts.

The claim is made that public buildings are included both in the word “property,” used in the constitution, and in the phrase “any building,” used in…

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