Gordon Hardware Co. v. San Francisco & San Rafael Railroad

This is an action by materialmen to enforce a lien for material furnished to certain original contractors to be used under their contract “to construct the excavations, embankments, tunnels, box culverts, rubble walls, and such bridges as might be designated by the chief engineer of said railroad company on all that portion of the located line of railroad, then projected, of the San Francisco and San Rafael Railroad lying between the town of San Rafael and Point Tiburon in Marin county,” with certain exceptions not necessary here to repeat. The case turns entirely upon the question of whether or not the court erred in sustaining defendant’s objection to plaintiff’s offer in evidence of “The Claim of Lien,” which was filed in the county recorder’s office of Marin county, on the eighteenth day of June, 1884, a copy of which is set forth in the record. When this claim of lien was offered in evidence the defendant objected thereto on several grounds, one of which was: “It does not appear to have been filed within thirty days after the completion of the work.” This ground of objection seems to be good. The plaintiff does not claim to be other than a materialman, or a subcontractor for…