Ransome-Crummey Co. v. Martenstein

ANGELLOTTI, J.

This action is one against defendant Martenstein, trustee, alleged to be the owner of certain land, for the foreclosure of an alleged lien for street work done by plaintiff in front of and adjoining such land, and against defendant Crooks, who is alleged to have made the contract for the work, as the then owner of the land, for one hundred and sixty-five dollars, the amount due plaintiff for such work. The complaint shows that on July 29, 1907, Crooks parted with all his interest in the land by conveying the same to Martenstein, trustee. The recitals of the judgment show that the action was commenced on June 6, 1908; that only the defendant Crooks appeared therein, and that on March 20, 1912, when the action came on for trial, no return showing service of summons had been made in the action. Defendant Crooks moved the court for a dismissal of the action on the ground that the court had no jurisdiction of the subject of the action, and the court having received certain testimony subject to such objection of want of jurisdiction, thereafter rendered judgment of dismissal. The judgment reads, in part, as follows:

“And the court having fully considered the matter, and it appearing to the court that the action was commenced on the 6th day of June, 1908, and that only the defendant, George B. Crooks, has appeared therein and that no return of service of summons has been made therein, and that the only relief asked in the action against the defendant, George B. Crooks, is a personal judgment in the sum of one hundred and sixty-five dollars ($165.00);

[408]

“Now, therefore, the court upon its own motion and upon the motion of the defendant, George B. Crooks, does hereby order, adjudge and decree that this action be, and the same is hereby dismissed; and that said defendant have and recover of and from the plaintiff the costs of suit incurred by him herein, taxed at the sum of $......”

We have here an appeal by plaintiff from such judgment and from an order denying its motion for a new trial.

The complaint stated a cause of action within the jurisdiction of the superior court even as to defendant Crooks, notwithstanding that the. utmost relief against him to which plaintiff was entitled under the allegations of the complaint was simply a personal judgment for an amount less than three hundred dollars, viz.: $165. This was because the action, being one in part for the foreclosure of a lien on the property of Martenstein for the debt of Crooks, was a suit in equity, and because of the rule that when a court of equity once obtains jurisdiction of a ease it will decide the whole case as between the parties and not leave any part of it for future litigation. And it is now settled in this state that the superior court, in an action brought in good faith to foreclose an asserted mechanic’s lien, has jurisdiction, upon finding against the claim of lien, to render a personal judgment against a defendant personally liable for the amount for which the lien was claimed, although such amount is less than three hundred dollars.