McAllister v. Case

Larremore, 0. J.

This action was brought by plaintiff to foreclose a mechanic’s lien, and he made the defendant Rudolf, the defendant the Hopkins & Dickinson Manufacturing Company, and others parties as subsequent lienors. The trial was before a referee, who found in favor of plaintiff’s lien, and also that such subsequent liens had been duly filed. Said referee, however, further decided, with regard to the lien of said Rudolf, that, as he had not commenced an action, or filed a lis pendens, within a year from the filing of his lien, the same became inoperative, as far as securing any claim in…