Green v. Jackson Water Co.

Citations

• 10 Cal. 374

Syllabus

<p>Where a civil engineer’s lien for work done for the defendants in the construction of a canal or ditch, was filed in the recorder’s office of the county where the ditch is located, on the 6th day of May, 1856, and suit was not commenced to enforce the lien until the 26th day of January, 1857: Held, that the time fixed by statute for the enforcement of the lien had expired before the commencement of the suit, and that the plaintiff was not entitled to a judgment giving a lien upon the property.</p> <p>Where a complaint was filed on the 30th day of October, 1856, and no summons was issued thereon, and an amended complaint was filed on the 26th of January, 1857, and summons issued thereon: Held, that the suit was not commenced until the issuing of the summons.</p>