Sutherin v. Chesney

Citations

• 85 Kan. 122
• 116 P. 254
• 1911 Kan. LEXIS 23

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mechanic’s Lien — Voluntary Appearance — Time of Commencing Action. In an action to foreclose a mechanic’s lien the petition was filed and the cross-petitions of other lien-holders who were made defendants were filed before the sixty-day period had elapsed in which the owner is not liable to an action. No summons was issued for the defendant owner, who was a nonresident, and no attempt was made to procure service by publication. After the sixty-day period had elapsed the owner voluntarily appeared and answered. Held, that, as to the owner, the action was commenced at the date of the voluntary appearance, and hence, that the suit was not prematurely brought.</p> <p>2. -- Husband Acting as Agent for Wife — Personal Liability. While the statutory power of a husband to create a mechanic’s lien upon his wife’s property (Civ. Code, § 649) does not extend to binding her personally for the price of material furnished to him under his own contract, she may constitute him her agent in fact and in that capacity he may create a personal liability on her part, as well as a lien upon her property.</p>