Jensen v. Dorr

[702]

CONREY, P. J.

In this action the plaintiff seeks to recover upon original and assigned claims for services and material furnished in this state, at the special instance and request of the defendant, for the yacht “Yankee Girl” in the construction of said yacht owned by the defendant. As security for said demands, the plaintiff claims the right to enforce a lien in and upon said yacht under and by virtue of section 813 et seq., of the Code of Civil Procedure: The action was commenced in the year 1907, which was within one year from the time each cause of action accrued. The superior court entered judgment in favor of the plaintiff (but not personally against the defendant) for a specified sum; determined that said yacht, her engines, etc., are liable for the payment of said sum, and ordered that said described property be sold by the sheriff in the manner provided by law in satisfaction of such judgment. The defendant appeals from the judgment.

On behalf of appellant it is claimed that the judgment is against law because the liens so asserted expired before the judgment was rendered. This requires a consideration of that chapter of the Code of Civil Procedure, beginning with section 813, declaring the liability of steamers, vessels, and boats for various kinds of services rendered and supplies furnished for their benefit, including work done and materials furnished in this state for their construction, repair or equipment. After declaring that demands for these several causes constitute liens upon such vessels, it is said that “such liens only continue in force for the period of one year from the time the cause of action accrued,”

First, it should be noted that these claims arise in connection with the construction of a boat, and not for work done after its active use in navigation, and therefore none of the claims involved is of the class arising from maritime contracts. The action was commenced in the form of a personal action against the owner, as well as for the enforcement of these liens. He was personally served with summons and appeared in the action. The suit is not a proceeding

in rem.

It is not against the thing as defendant and the judgment is not that the thing is indebted. Under section 817 et seq., the plaintiff is entitled to certain attachment proceedings ancillary to the enforcement of his lien, but such attachment