Kogoshima v. Kaimi A.K.A. Lewis

The petition of Annie Adams, defendant-plaintiff in error, for a rehearing in the above-entitled and numbered cause alleges seven grounds which we shall consider in their order by stating the substance of the ground and our comment thereon.

1. That the court in its decision failed to recognize that the filing of notice to acquire a mechanic’s lien is a jurisdictional matter and that those parts upon which the existence of a lien depends, being in derogation of the common law, should be strictly construed.

Our answer to this ground is that we did recognize the rule of strict construction but…