Dinkins v. Bowers

Citations

• 49 Miss. 219

Syllabus

<p>1. Mechanic's Lien_This lien is purely & creature of the statute; dependent on that for its force, extent andremedy. The legislature intended that a party asserting the lien should speedily pursue his remedy. Our jurisprudence does not favor secret, tacit liens, of which parties dealing in respect of the subject matter may not have notice, or easy means of ascertaining their existence.</p> <p>2. Code 1871, Seo. 1609. — This statute does not continue the lien in favor of a mechanic, unless he brings his suit within six months after the money is due, Hence, if suit is not brough t within that time, he will be taken as haying abandoned his lien, and is content to rely upon the personal responsibility of the defendant,</p> <p>8. Statute of Limitations — When it Commences. — If a personal action, is the original suit; although the plaintiff may amend so as to obtain the benefit of tho law, such amendment will be the begining of the suit to enforce the lien; and not the institution of the original action, and the statutes of limitation will commence to run from the time the amendment was made,</p>