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HELLEN v. STEPHENSON

Docket No. 257393.

197 Cal.App.2d 863 (1961)

18 Cal. Rptr. 361

JOHN R. HELLEN, as Trustee in Bankruptcy, etc., Plaintiff and Appellant, v. JOHN DOE STEPHENSON et al., Defendants and Respondents.

Court of Appeals of California, Appellate Department, Superior Court, San Diego.

December 1, 1961.

Attorney(s) appearing for the Case

Dorman & Dorman and Wallace D. Dorman for Plaintiff and Appellant.

Richard G. Rypinski for Defendants and Respondents.

Before Glen, P.J., Monroe, J., and Toothaker, J.

THE COURT.

The plaintiff, as trustee in bankruptcy of the estate of Lakeside Lumber Co., Inc., a bankrupt, brought this proceeding to foreclose a mechanic's lien upon property owned by defendants Stephenson. The trial court sustained the demurrer without leave to amend and entered judgment thereon, and this appeal followed.

[1] The sole question involved is the validity of section 1193 of the Code of Civil Procedure added by the Legislature in...

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