Castagnetto v. Coppertown Mining & Smelting Co.

COOPER, C.

This action was brought by plaintiff in his own right, and as assignee of several other parties to foreclose liens for labor performed in a mining claim on the premises of appellant described in the complaint. He recovered judgment for the amount of the claims, interest, and attorney’s fee. A decree was accordingly entered, directing a sale of appellant’s property to satisfy the judgment. From the judgment this appeal is taken by Costa, the owner of the premises. The appeal being from the judgment without any bill of exceptions, we must presume that the findings are supported by the evidence. No question is made as to the judgment not being the legal conclusion from the facts found.

The main point relied upon is, that the demurrer to the complaint should have been sustained, and this goes to the sufficiency of the notices of liens, as they are each annexed as an exhibit to the complaint and made a part thereof. The notices are all practically in the same form and subject to the same criticism, and the discussion of the first one—that of plaintiff’s individual claim—will be sufficient. It is, so far as material here, as follows:—

“Know all men by these presents:

“That I, Daniel Castagnetto, a resident of Hunter’s Valley, in the county of Mariposa, state of California, have done work and performed labor by the day at agreed price of two 75-100 dollars per day on that certain copper mine situated in Hunter’s Valley Mining District, in the county of Mariposa, state of California, known as and called the Tandem Copper Mine and Mill Site, . . . that such work was done by me between the first day of August, A. D. 1901, and the twentieth day of September, A. D. 1901, at the instance and request of A. V. Oliver, who was the superintendent of the Coppertown Mining and Smelting Co. (a corporation), which was then and there in the possession of and was operating said mine; that the name of the reputed owner of said mine and mill-site is Lorenzo Costa; that thirty days have not elapsed since the last work and labor was done and performed by me on said mine; that after deducting all just credits and offsets to my said demand there is now justly due and owing to me thereon

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