154 N.W. 712 | S.D. | 1915
One Karbel, as a contractor working under a written contract with the city of Pierre, constructed a sewerage system in a certain sewerage district .of such city. Plaintiff, as a subcontractor, furnished such contractor 'certain material that entered into the construction of such system. Plaintiff brought .this action for the purpose of enforcing a mechanic’s lien which it claimed to have acquired against a certain sum unpaid and due the contractor under ’his contract. That plaintiff acquired & valid' lien was not questioned, but the trial court held that it had lost such lien. From the judgment so bolding, plaintiff appealed'.
Respondents contend that such lien became invalid and. discharged: (1) Because this action was not commenced until more than 30 days after the city of Pierre accepted the work under the contract; (2) because this action was not commenced until more than 30 days after the lien claim was filed. I't clearly appears that the trial court held' against appellant upon the first ground alone, and in no manner considered the. second one. Appellant’s lien was filed, and its rights thereunder, if it has any, rest upon the provisions of sections 713-721, C. C. P. Section 717 provides:
“All claims for liens under the provisions of this article shall cease to have any validity or to be binding upon the corporation*280 or the contractor unless an action to enforce the same, as herein provided, shall 'be commenced within thirty days from the acceptance of the work for which tire same shall 'be claimed.”
Section 718 provides:
“Any such lien may be discharged: * * * 2nd. By lapse of time. When thirty days shall have elapsed since the filing of the claim and no action shall have been commenced on the same.”
The judgment and ord'er appealed from are reversed.