San Joaquin Lumber Co. v. Welton

Full title: SAN JOAQUIN LUMBER COMPANY, Respondent, v. S. L. WELTON et al.…

Court: Supreme Court of California

Date published: Dec 7, 1896

115 Cal. 1 (Cal. 1896)

46 P. 735

Opinion

115 Cal. 1 46 P. 735 SAN JOAQUIN LUMBER COMPANY, Respondent, v. S. L. WELTON et al., Defendants. M. C. SADLER et al., Appellants Sac. No. 104 Supreme Court of California December 7, 1896

         Department Two

         115 Cal. 1 at 5.

         Original Opinion of November 7, 1896, Reported at 115 Cal. 1.

         OPINION

         THE COURT          An application having been made to the supreme court for an order directing the lower court to add to the judgment an attorney's fee for defending the cause on appeal, the following opinion was rendered thereon on the 7th of December, 1896:

         The Court.

         A decision was rendered in this cause by this Department on November 7, 1896, affirming the judgment of the superior court. The action was for the enforcement of a mechanic's lien; and, since the decision, the respondent has filed here a petition that this court amend its judgment of affirmance, by directing the court below to add to the amount of the original judgment an attorney's fee for defending the cause in this court on the appeal -- under section 1195 of the Code of Civil Procedure. But it was held in Schallert-Ganahl etc. Co. v. Neal , 94 Cal. 192, that "section 1195 of the code places that matter in the hands of the superior court," and that an order made here upon the subject would not be binding upon the trial court. An application for the attorney's fee must, therefore, be made to the superior court.

         The petition is denied.