Lacore v. Leonard

California Supreme Court July 1, 1873

Lacore v. Leonard, 45 Cal. 394 (Cal. 1873)

Opinion of the Court

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 *395day, 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.

Reference

Full Case Name: LACORE v. LEONARD
Cited By: 3 cases
Status: Published
Syllabus: 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.