Eddins v. Tweddle

Citations

• 35 Fla. 107

Syllabus

<p>1. The seventeenth section of the mechanics’ lien act of 1887 (Chapter 3747 laws of Florida) provides “that the liens provided for in this act shall be created at the time any labor is done or material furnished, and shall continue for six months from the last day upon which such labor was done or material furnished.” The lien expires by limitation at the end of the time fixed by the act, and proceedings can not, after the expiration of such time, be brought to enforce the same.</p> <p>2. In a proceeding at law to enforce a lien under the act mentioned in the preceding head-note, the affidavit of the plaintiff answers the purpose of a declaration, and where such affidavit shows that the plaintiff has no cause of action against the defendant, an appellate court will take notice of such defect, although the specific objection was not made in the court below.</p>