Arnold v. Superior Court

STURTEVANT, J.

This is an application for a writ of review. An understanding of the application requires a consideration of the following facts: M. E. Geary, as plaintiff, commenced an action against Chris Stafford to obtain the possession of a certain automobile. When he commenced his action the plaintiff executed an affidavit and undertaking, and, together with P. G. Jacobus, Jr., and Gus C. Ringole as sureties, executed an undertaking and caused the sheriff to take into his possession the said automobile. The defendant Chris Stafford appeared and answered and at the same time filed a cross-complaint. In the cross-complaint Stafford set forth that on the seventh day of April, 1923', G. B. Skinner was in the lawful possession of the automobile and requested Stafford to make alterations and repairs; that he did so and that the cost of the alterations and-repairs was $849.51, and that at the time of the commencement of the action he held possession of the automobile to secure his lien for the sum mentioned. He also pleaded that he did said work for M. E. Geary, G. B. Skinner, Max Arnold, and Richard Roe. He also pleaded a stated account. The cross-complaint was answered by M. E. Geary, G. B. Skinner, Max Arnold, and Richard Roe. The answer purported to deny each of the allegations of the cross-complaint.

A trial was had by the court sitting without a jury. The trial court made findings in favor of Stafford sustaining his lien. It also found that Max Arnold and G. C. Ringole were

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the owners of the automobile, that the alterations and repairs were made for them and that Skinner acted as the agent of the owners. Thereupon the trial court directed judgment in favor of Stafford and against Arnold and Bingole. The attorney for Stafford prepared a judgment accordingly, but proceeded to add to what the court had ordered. Among other things, he added that the record showed the giving of the undertaking above mentioned, that Jacobus and Bingole signed the same as sureties, and that unless the mechanic’s lien was fully satisfied Stafford should have judgment against Jacobus and Bingole for the amount of the lien found by the court to be $638.90. Thereafter M. E. Geary, G. B. Skinner, Max Arnold, and Bichard Boe served a notice of intention to move for a new trial. Thereafter they served a notice that their motion for a new trial would be made on the eighteenth day of April, 1924. Thereafter said motion was presented to the court and some days later, May 13, 1924, the judge of the trial court signed an order which was worded as follows: