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Blackman v. Marsicano

A. BLACKMAN v. P. MARSICANO

Blackman v. Marsicano, 61 Cal. 638 (1882)
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Court
California Supreme Court · State Highest Courts
Decided
November 2, 1882
Docket
No. 7,452
Citations
61 Cal. 6381882 Cal. LEXIS 681
Cited by 3
Syllabus
Mechanic’s Lien—Claim of Lien.—The claim of lien in this case, in stating the terms, time given, and conditions of the contract, used the words ‘ ‘ cash upon demand, in gold coin of the United States.” Held: A substantial compliance with the requirements of the statute. Id.— Id.— Case Distinguished.—Hooper v. Flood, 54 Cal. 221, distinguished.
Summary
Appeal from a judgment for the defendants, and an order denying a new trial, in the Superior Court of the City and County of San Francisco, Cary, J.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

The Court :

The claim of lien in this case, in stating the terms, time given, and conditions of the contract, used the words, “ cash upon demand, in gold coin of the United States.” This was a substantial compliance with the requirement of the statute. The case of Hooper v. Flood ( 54 Cal. 221 ) presented a statement quite different in effect from that here presented.

Judgment and order reversed, and cause remanded for a new trial.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 3 cases

View all citing references →
1887: 11894: 11905: 118872026peak 1887 · 1

Relies on it most ⓘ

  1. Tredinnick v. Red Cloud Consolidated Mining Co.13 P. 152 (Cal. 1887)
  2. Castagnetto v. Coppertown Mining & Smelting Co.80 P. 74 (Cal. 1905)
  3. Kelley v. Plover36 P. 1020 (Cal. 1894)

Most recent

  1. Castagnetto v. Coppertown Mining & Smelting Co.80 P. 74 (Cal. 1905)
  2. Kelley v. Plover36 P. 1020 (Cal. 1894)
  3. Tredinnick v. Red Cloud Consolidated Mining Co.13 P. 152 (Cal. 1887)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Hooper v. Flood, 54 Cal. 218 (1880) 14

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