OCR Text |
Show TIME POR LIENS. No Claimant Can Fix on Arbitrary Limit on Other Claimants. No person has the right to arbitrarily arbitrar-ily tlx the time for another man to prove his claim or lien on any property, prop-erty, when the law fixes a certain time for that claim to be filed. This Is laid down In an opinion of the Supreme court, handed down in the case of P. T. Elwell vs. George Morrow et al., Thomas Marnane lntervenor and appellant. ap-pellant. The opinion Is written by Justice McCarty,, and concurred In by Chief Justice Baskln and Justice Bartch. It reverses the decree of the Third District court In the case. The action was brought to foreclose a mechanic's lien on some real property prop-erty In the city. Elwell published a notice, setting a date for lien claimants claim-ants to prove their claims. The date was fixed at February 20, 1903. A. T. Lawrence, who assigned his claim to Marnane,' the lntervenor, did the plumbing and heating on the property. He completed the work on January10, 11)03. On February 25, he filed an ori-frinal ori-frinal mechanic's Hen on the property. He had no notice of the plaintiff El-well's El-well's lien. He thus filed. his lien five days after the time set by Elwell. On this ground the lower court dismissed Marnane's complaint In intervention. The opinion of the Supreme court reverses re-verses that decision on the ground that Lawrence had sixty days after the completion of the wdrk In which to file his mechanic's Hen. This right could not be taken away from him by the action of the plaintiff In setting- the date for the claim to be proven. The opinion also holds that the complaint ought not to' have been dismissed because be-cause the case was not tried in the District court until long after the filing fil-ing of the Intervener's action.. The decision of the lower court Is reversed re-versed with Instructions to set aside the order dismissing the complaint In intervention and to reinstate tho same and proceed In accordance with the views expressed in the opinion. The respondent Is to pay the costs. |