# Cotton-Macauley Co. v. Deshields

> California Supreme Court · February 2, 1922 · 188 Cal. 102

URL: https://www.frixlaw.com/law-library/cases/3303586

## Case

- **Full name:** COTTON-MACAULEY CO., a Copartnership, Etc., Respondent, v. GEORGE M. DeSHIELDS, Auditor, Etc., Defendant; DANIEL B. LUTEN, Appellant
- **Court:** California Supreme Court
- **Decided:** February 2, 1922
- **Citations:** 188 Cal. 102; 204 P. 386; 1922 Cal. LEXIS 401
- **Precedential status:** Published
- **Opinion:** Concurrence by Wilbur
- **Judges:** Wilbur, Shurtleff
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3303586

## Opinion text

*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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3303586. Public record. Not legal advice.