Union Tank & Pipe Co. v. Mammoth Oil Co.

OGDEN, J., pro tem .

This is an action to foreclose a mechanic’s lien upon real property. The two defendants other than respondents having defaulted, judgment was entered in favor of appellant as to them. Respondents pleaded the provisions of section 1190 of the Code of Civil Procedure as a defense to appellant’s cause of action as against them, which plea was sustained by the trial court and judgment accordingly entered in favor of respondents. From this portion of the judgment plaintiff appeals.

The claim of lien was filed on September 10, 1930. On December 3, 1930, well within the period of…