The record-union., 1899-07-24
q. A, No. 543-Department One-Filed
July II, 1899


q. A, No. 543-Department One-Filed
July II, 1899
G. Orlandi and j. w. Jones, respond
ents; Mrs. C. M. Gay, appellant. Lam
bert J. Hayne, respondent; Mrs c. NJ.
Gray, appellant. Mechanics lein. At
firmed.
The occupation or use which under
the statute is to be deemed conclusive
evidence of completion must be open
entire and exclusive and not of such
character as would be consistent with
continuance by the contractor in the
completion of his contract; and whether
in any particular case there has been
such occupation or use must be deter
mined from the facts of that case. as
in the ordinary case must be determined
the fact of actual completion. One
must, be shown to have acted toward
the contractor in reference to the build
ing in such a way as by necessary i'm
plicatiOn to give notice that the build
ing had been accepted by him in salts
faction of the contract. A continuance
by the contractor in the work Of COM
pleting his contract, while the building
or a portion thereof, should be occu-
pied by the owner, or even used by him
for the purpose for which it was in
tended, would prevent such occupation
or use from being regarded as conclu-
sive evidence of completion.
Grim, No. 536-In Rank-F'iled July II,
1S99)
Alfred Clark on habeas corpus. Pris
Oner remanded.
A statement that defendant or
party makes a special appearance is of
no consequence whatever. If he ap-
pears and objects only to the consider
alton of the case, or to any procedure
in it, because the Court has not ac
quired jurisdiction of the person of
the defendant, the appear ance is special
and no statement to that effect in the
notice or motion is required or could
have any effect if made. On the other
hand if he appears and asks for any
relief which could only be given to
party in pending case, or which itself
would be a regular proceeding in the
case, it is general appearance, no mat
ter how carefully or expressly it may
be stated that the appearance is special.
1t is the character of the relief asked.
and not the intention of the party that
it shall or shall not constitute gen.
eral appearance, which is material.
One cannot avail himself of being
party and escape the responsibilities.
Where party demurs and files answer,
raising issues of fact, he submits him.
self to the jurisdiction of the Court.
Formal findings upon an adjudication
in insolvency are not required, and it
is sufficient if the Court by order ad-
judges the respondent to a petition of
creditors insolvent, as required by
statute. No other entry than in the
minutes of the court is required.
The fact that the order is not entered
does not render it invalid. Marshall VS..
Taylor 81 Cal, 422 Estate of Cook, SO
Cal, 415
Upon habeas corpus the burden is
upon the petition to show that a re-
strain which is apparently legal is not
SO.
q. A, No 6S7-Department Two-Filed
July II, 1899
H. D. Hellman, respondent; City of
Los Angeles. cross-complainant and re-
spondent; Boaz Duncan ct al, appel
idHtS. QuleI tltIo. REVERSED.
In a suit to quiet title or to establish
a boundary the defendant is entitled 10
be informed specifically as to what por-
ton of the premises occupied by him
are claimed to be an encroachment and
within the boundary claimed in the
complaint.
1t is impossible to locate an unknown
line of an inaccurate survey by running
from known line of the same survey.
For the law on this subject see Diehl
VS. Zanger, 80 Mich, COL: Orena VS..
Santa Barbara City, 81 Cal, 621; Payne
VS.. English, 70 Cal, $40; City of Los
Angeles VS. Cohn, 101 Cal, 374; Ralston
VS.. Miller, 3 Randolph, A Q5 Am, Dec.
70D; Bullard VS.. Kempf, 119 Cal. 8.
(S F., No. 1,163-Department Two
Filled July II, 1S99)
Emma NJ Taft, respondent; M. F.
Tarpey, appellant. Injunction. At
firmed
Where the way is for the benefit of
both parties to the deed no presumption
of any intention to dedicate such way
to the public arises, the intention must
be open and declared for this construc-
ton to be put upon a deed conveying
a property and reserving a road or
ditchway.
e.. A., No. 691-Department One-Filed |