Bradford v. Dorsey

Action to foreclose mechanics’ liens. It appears by the allegations of the complaint that the action was not commenced within ninety days after the liens were filed, and a demurrer to the complaint on that ground among others was sustained. The plaintiffs declined to amend, and a judgment was entered in favor of the defendants. This appeal is from that judgment.

The demurrer was properly sustained, unless the commencement of the action within ninety days after the liens were filed was stayed by injunction or statutory prohibition. (Code Civ. Proc. § 1190; Code Civ. Proc. § 356.) And the…