Pacific Lumber Co. v. Lieberman

On Rehearing.

A demurrer to the complaint of the Pacific Lumber Company in an action to enforce a mechanic’s lien was sustained, the plaintiff elected to stand, judgment was given for defendants, and the case is brought here for review. We held in department for affirmance but granted a motion for rehearing and sent the case to banc for oral argument.

The only question is whether the lien of the plaintiff for materials was lost by failure to sue in time. Its last materials were furnished May 3, the building was completed June 16, and the suit was begun November 12, 1922, more than six months…