Gosline v. Thompson

This was a suit on a mechanic’s lien. The question was raised, by a motion to dismiss, whether the filing of the petition- was such a commencement of the action as section 16 of the act (2 Wagn. Stat., 911) required, or whether the action must be held to have been commenced from the dale of the writ issued on the petition. The fact in this case was that the petition was filed within the ninety days required, hut the writ issued the next day, which was outside of the ninety days. The court dismissed the action on the ground, that under the first section of the 4th article of the Practice act…