Santa Cruz Portland Cement Co. v. County of Santa Clara

WILBUR, C. J.

The appellants in this ease concede that the judgment of the trial court is correct and must be affirmed unless we overrule the decision of

Slayden

v.

O’Dea,

182 Cal. 500 [189 Pac. 1066], to the effect that a stop notice under section 1184 of the Code of Civil Procedure does not apply to work done in grading a public highway. That decision has been frequently referred to and followed in subsequent decisions and has resulted in an amendment to section 1184 of the Code of Civil Procedure. (Stats. 1921, p. 144;

Hunt

v.

Empire Securities Co.,

50 Cal. App. 43 [194 Pac. 744] ;

Cotton-Macauley Co.

v.

De Shields,

188 Cal. 102 [204 Pac. 386];

McMorry

v.

Superior Court,

54 Cal.

[579]

App. 76 [201 Pac. 797] ;

County of Sutter

v.

Superior Court of Sacramento Co.,

188 Cal. 292 [204 Pac. 849].)

[1]

Under these circumstances, even if we considered that that decision was erroneous, as applied to public streets, we must now adhere to the decision upon the principle of

stare decisis,

particularly as all of the work done upon public streets, and all payments and adjustments thereunder have been made upon the faith of that decision. This, respondents contend, was done in this case.