McCrea v. Craig

Citations

• 23 Cal. 522

Syllabus

<p>The lien given by the statute to the mechanic or the material man, for work and labor performed or materials furnished in the construction of a building, commences and attaches to the property at the time of the commencement of the work, or the beginning to furnish the materials.</p> <p>The reasonable construction of an allegation in a complaint, that “plaintiff furnished the materials between the sixth day of April, 1862, and the twenty-eighth day of June, 1862,” is, that plaintiff commenced furnishing the materials on the sixth day of April, and continued furnishing the same from time to time up to June 28th.</p> <p>Where the contract was made, and the materials were furnished, while the Lien-Law of 1858 was in force, but the notice of lien was not filed in the Recorder’s office until after the Lien Law of 1862 went into effect: held, that the lien was not lost, but must be enforced in accordance with the provisions of the Act of 1862.</p>