Rutherford v. Maki

PRATT, District Judge.

The complaint alleges that a claim of lien was filed by plaintiff upon the 15th day of September, 1937, for building materials and supplies furnished by plaintiff to the defendant Mary Maki and used in the construction of certain buildings known as the Arctic Hotel properties.

The foreclosure action was commenced upon the 5th day of May, 1938, against Mary Maki and against Paul Palfy and Andrew Nerland, as holders of subsequent liens for material furnished. The only excuse set forth in the complaint for not beginning the suit within six months of the filing of the lien is…