Guevremont v. Tracy

The defendants, John N. Tracy and Elizabeth F. Tracy, are the owners of premises against which plaintiff on August 4, 1958, filed a mechanic’s lien. On July 27, 1959 plaintiff filed a lis pendens and the summons and complaint in the present action, together with an affidavit of service on the defendant, Mil-Bee Construction Corp., the contractor. The summons and complaint were not served on the owners until August 10, 1959.

The owners move to dismiss the complaint on the ground that the action was not commenced against them within one year from the date of filing the lien as required by…