264 P. 562 | Cal. Ct. App. | 1928
This is an appeal from a judgment in an action to foreclose a mechanic's lien which was rendered against plaintiff after a demurrer to the complaint had been sustained without leave to amend.
The complaint alleged that the notice of lien upon which the action was based was filed pursuant to section 1187 of the Code of Civil Procedure on July 15, 1924. The complaint was filed October 14, 1924. Section 1190 of the Code of Civil Procedure declares: "No lien provided for in this chapter binds any property for a longer period than ninety days after the same has been filed, unless proceedings be commenced in a proper court within that time to enforce the same. . . ." The ninety days allowed by the provisions of the last-quoted section expired on October 13th. The preceding day was Sunday, which was also "Columbus Day" by enactment of both section 7 of the Civil Code, and section
[3] Respondent contends that neither section
[5] Respondent has cited several cases from other jurisdictions which are in conflict with the foregoing rule, but these cases are no longer authority in this state, since the enactment of section
The demurrer in the present case was therefore erroneously sustained.
The judgment is reversed, and the trial court is directed to overrule the demurrer and permit the defendants to answer.
Hart, J., and Finch, P.J., concurred.
A petition by respondents to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on April 12, 1928.
All the Justices concurred.