57 P. 637 | Or. | 1899
after stating the facts, delivered the opinion of the court.
It is contended by plaintiff’s counsel that the limitation as to the time in which a suit may be commenced to foreclose a miner’s lien, as prescribed in the act creating the right, should be construed as pari materia with the genefal statutory limitation as to the time of com
In Larson v. Aultman & Taylor Co.,
From these authorities we think it evident that the qualification to Section 51, Hill’s Ann. Laws, applies only to the statute of limitation, and, as a suit to foreclose a mechanic’s lien is not governed thereby, it follows that such qualification, as far as the case at bar is concerned, is eliminated therefrom. The act creating miners’ liens not having prescribed the manner in which suits for their foreclosure should be instituted, the filing of the complaint is the commencement of the suit, within the meaning of the act: Coggan v. Reeves, 3 Or. 275. The suit having been commenced within the time prescribed, the court erred in dismissing it; and hence it follows that the decree is reversed, and the cause remanded for such further proceedings as may be necessary, not inconsistent with this opinion.
Reversed.