Opinion

Cotton-Macauley Co. v. Deshields

  • 188 Cal. 102
  • 204 P. 386
  • 1922 Cal. LEXIS 401
Court
California Supreme Court
Filed
Feb 2, 1922
Status
Published
Author
Wilbur
On the bench
Wilbur, Shurtleff
Cited by
1 cases
Authority
More cited than 35.0%

The opinion

*109

WILBUR, J., Concurring.

I concur.

In view of the fact that the trial judge felt that the ease of

Slayden

v.

O'Dea,

182 Cal. 500 [ 189 Pac. 1066 ], was controlling in this case and that this view was shared by the district court of appeal, first district, I think it is proper to say that that case turned entirely upon the construction to be placed upon the term “wagon road,” and it was held that the term “wagon road,” in view of the history of the section, meant a private wagon road. The statute, however, also gives a lien for work done upon a bridge, and the contract here was for the construction of a bridge which would, of course, include either a public or a private bridge. In case of a public bridge there could be no lien, but, as we have held, in such cases there could be an effective stop notice.

Rehearing denied.

All the Justices concurred.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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