Marble Lime Co. v. Lordsburg Hotel Co.

— This is a consolidation of four actions, brought under the mechanic’s lien law, to enforce liens against a building and land owned by the Lordsburg Hotel Company, a corporation. Judgment was rendered for the plaintiffs, and the hotel company appeals from the judgment and from an order denying a new trial.

There are elaborate briefs on file, — those of appellant covering quite a wide range of subjects. Appellant’s contention, however, is resolved into two main propositions: 1. That the findings are defective; and 2. That the chief finding of fact is not warranted by the evidence. But the real point aimed at is, that plaintiffs’ liens were filed too late.

1. The court below put its findings in the form of separate findings in each of the four cases. Such action was hostilely criticized in Willamette Co. v. College Co., 94 Cal. 229 ; but in that case there were also separate judgments, while in the case at bar there is only one judgment. It is, no doubt, much better to have only one set of findings. Such a course avoids needless repetitions of facts common to all the cases, prevents possible complications and inconsistencies, and is altogether the clearer and more orderly method.…