Opinion
Department Two
Appeal from a judgment for the plaintiff, and from an order refusing a new trial, in the Eighteenth District Court, County of San Bernardino. McNealy, J.
Actions against Hall and others, composing the firm of the San Gorgonio Fluming Co., to foreclose a mechanic's lien on a flume. The defendants commenced the construction of the flume October 18th, 1876, and the plaintiffs performed labor thereon from October 19th, 1876, to July, 1877. On the 13th day of February, 1877, the San Gorgonio Fluming Co. was incorporated. The corporation answered, and judgment was rendered against it. The appeal was taken by the corporation.
COUNSEL:
J. D. Boyer, and Bicknell & White, for Appellants.
Talbott & Harris, for Respondents.
OPINION By the Court:
The decree and order denying the motion for a new trial reversed, so far as concerns the San Gorgonio Fluming Company, a corporation. The findings and decree seem to be based upon the fact that the company is a corporation, and as such is indebted to the plaintiffs, and its property is decreed to be sold. The corporation has never been made a party to the action, and has not had a day in court.