Lacore v. Leonard
California Supreme Court Jul 1, 1873 No. No. 3,105Published
Synopsis
Judgment Modified—Mechanics’ Lien. — Where a lien had expired before the commencement of the action to foreclose it, and judgment of foreclosure was taken by default: held, that it was not error for the Court, of its own motion, on the day following the rendition of judgment, to modify the judgment to a money judgment only.
By the Court: The plaintiff’s lien had expired before his action was-commenced. He took judgment foreclosing the lien, and directing a sale of the property by default; but on the next [395]day, the matter being called to the attention of the Court, it was ordered that the judgment be so modified as to give him a money judgment only. There was no error in the action of the Court in this respect.
J udgment affirmed.
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