Sweeney v. Board of Trustees of Auburn School District

Mechanic’s Lien—Notice to Withhold—School Property—Right op Trustees.—Under section 1184 of the Code of Civil Procedure, as amended in 1911, providing that upon the giving of a notice to> withhold, the owner of property not subject to mechanics’ liens shall withhold from the contractor sufficient money to cover the claim embraced in the notice, a school district is justified in refusing to issue its warrant for the balance due the contractor on the construction of a school building, where prior to the demand for the issuance of the warrant, the district was served with withhold notices by laborers and materialmen who performed labor and furnished material for the building.

Id.—Resort to Bond — Remedy not Exclusive.—The remedy given laborers and materialmen to resort to the bond given under section 1183 of the Code of Civil Procedure is not exclusive.