WITHINGTON v. SHAY (1941)

The petition for hearing in this court after decision by the District Court of Appeal of the Fourth Appellate District is denied.

However, such denial should not be considered as an agreement with the following sentence in the opinion [117 P.2d 415, 418]: ‘The code provisions relating to the foreclosure of mechanics' liens provide no mode of enforcing a judgment other than by a sale of the property and docketing a deficiency judgment against the defendant who may be liable therefor. Central L. & M. Co. v. Center, 107 Cal. 193, 40 P. 334.’ In 1911, Section 1197 of the Code of Civil Procedure was amended to authorize a personal action to recover a debt due for materials furnished either in connection with the foreclosure of the lien or in a separate suit. See Wm. J. Bettingen Lbr. Co. v. Kerrin, 99 Cal.App. 686, 279 P. 163.

PER CURIAM.