Miner v. Tilley
Missouri Court of Appeals
Appeal from the Harrison Circuit Court. — Hon. Paeis C. Stepp, Judge. " The defendants claimed that, the petition was not :filed in time and, therefore, the action could not be maintained. The mechanics’ lien was filed in the cir■cuit clerk’s office, May 9, 1892, and the petition was ■ filed August 8, 1892 — 91 days.
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Appeal from the Harrison Circuit Court. — Hon. Paeis C. Stepp, Judge. " The defendants claimed that, the petition was not :filed in time and, therefore, the action could not be maintained. The mechanics’ lien was filed in the cir■cuit clerk’s office, May 9, 1892, and the petition was ■ filed August 8, 1892 — 91 days. E. S. 1889, sec. 6720: “All actions under this article shall be commenced-within ninety days after filing the lien;” By reference to the' almanac it will be seen that August 7, 1892, was Sunday; hence, under the provisions of the statute, .sec. 6570, 4th clause: “The time within…
1Opinion of the CourtSmith, P. J.
— The statute, section 6720, requires that all actions under Article 1, Chapter 102, shall be commenced within ninety days after the filing of the lien.
This was a suit on a mechanics’ lien, and was not commenced within ninety days, but within ninety-one days after the filing of the lien. The ninetieth day after the filing of the lien was Sunday, so the suit was not commenced on that but on the next day, which was one day beyond the statutory period of ninety days in which the suit was required to be commenced. The trial court, on the motion of the defendants, for this reason dismissed the…
2Cases cited15 opinions
- Street v. United StatesSupreme Court of the United States · 1890
- State ex rel. Weber v. TuckerMissouri Court of Appeals · 1888
- Frankoviz v. SmithSupreme Court of Minnesota · 1886
- Spencer v. HaugSupreme Court of Minnesota · 1891
- Backer v. PyneIndiana Supreme Court · 1892
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