Wells v. California Tomato Juice, Inc.

The plaintiff has appealed from a judgment which was rendered against him in a suit to foreclose a mechanic’s lien, on the ground that the suit was not commenced within the time limited by section 1190 of the Code of Civil Procedure. The suit was not begun within ninety days after the notice of lien was filed. The appellant contends that the statute was tolled pending the appointment of a trustee in bankruptcy and until permission was granted plaintiff to maintain the action in a state court.

The record shows that plaintiff recorded his notice of mechanic’s lien December 6, 1935. The…