Draper v. Miller

The opinion of the court was delivered by

Mason, J.:

E. D. Draper brought an action against Edwin L. Miller, seeking to enforce a subcontractor’s mechanic’s lien for plumber’s work and material. He recovered a judgment, and the defendant appeals.

The present action was not brought within a year after the filing of the lien statement. But within that time an action was brought seeking to foreclose the lien, which was dismissed without prejudice, and the present action was begun within a year after such' dismissal. At the time the account sued on accrued a city ordinance required the payment of an…