Flandreau v. White

California Supreme Court
Flandreau v. White, 18 Cal. 639 (Cal. 1861)
1861 Cal. LEXIS 259
Baldwin

Flandreau v. White

Opinion of the Court

Baldwin, J. delivered the opinion of the Court

Field, C. J. and Cope, J. concurring.

Judgment affirmed. The suit was not brought within six months from the expiration of the credit. The mere filing of a complaint is not sufficient to constitute a suit brought within the meaning of the Mechanics’ Lien Law. The filing of the complaint and the issuing of the summons are required by the General Practice Act, and the provision in the General Limitation Act, (Wood’s Dig. 45) that the filing of the complaint shall* be deemed a commencement of the suit, applies to that act only, and not to the Mechanics’ Lien Law.

Reference

Full Case Name
FLANDREAUs. v. WHITEs.
Cited By
5 cases
Status
Published
Syllabus
The provision in the General Limitation Act of 1850, that the filing of the complaint shall be deemed a commencement of suit, applies to that act only, and not to the Mechanics’ Lien Act. Under this latter act, to commence a suit within six months from the expiration of a credit given, a complaint must be filed and a summons issued.