45 Cal. 394
Decided July 1, 1873
California Supreme Court · decided 1873-07-01
The lien was filed February 28th, 1870, under the Act of March 30th, 1868. The complaint was- filed on the twenty-eighth of May following, and the summons was issued October 25th, 1870. The plaintiffs obtained a judgment of foreclosure by default, and on the next day, without notice, the Court modified the judgment to a money judgment only. The plaintiffs appealed from the modified judgment.
Cited by 3 later decisions — most recently May 1907
3 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1873-07-01
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¶1The plaintiff’s lien had expired before his action was-commenced. He took judgment foreclosing the lien, and directing a sale of the property by default; but on the next *395day, the matter being called to the attention of the Court, it was ordered that the judgment be so modified as to give him a money judgment only. There was no error in the action of the Court in this respect.
¶2J udgment affirmed.