Troy W. Maschmeyer Co. v. Haas

Plaintiff recorded a mechanic’s lien against defendants’ property March 19, 1962, and *293filed a complaint in court to enforce the lien on February 28, 1963, that is to say, within the 1-year period provided by statute. However, defendants were not served with process until July 9,1963. Defendants answered and interposed as an affirmative defense that service had been made upon them after expiration of the period of limitation imposed by statute. The trial court ordered the affirmative defense dismissed and stricken from the pleadings. We granted leave to appeal.

The mechanic’s lien act provides:

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