Forcht v. ShortForcht v. Short
delivered the opinion of the court.
This is а proceeding to enforce a mechanics’ lien. It appears from the record that the account sued on, and which constituted the foundаtion of the lien/ accrued on and prior to the first day of December, 1865 ; that the lien was filed February 24, 1866 ; and that this suit ivаs commenced Nоvember 15, 1866, less than nine mоnths after the filing of the liеn, and more than ninety days after the Generаl Statutes took effect — that is, more than ninety days after August 1, 1866. By the general law in force prior to August 1, 1866, lienors werе allowed nine months after the filing of the lien in which to bring suit; by the General Stаtutes the time was limited tо ninety days'. (Gen. Stat. 1865, p. 767, § 16.)
The case presents the single question whether the prior law or thе General Statutes determines the time within which thе suit must be brought in order to save the lien. The question is definitely settled by a decision of this court in Hаuser v. Hoffman,
The judgment must be affirmed.