Van Winkle v. Grimm

Crocker, J. delivered the opinion of the Court—Norton, J. concurring.

This is a proceeding brought in a County Court under the Mechanics’ Lien Law, to enforce a mechanic’s lien upon the “ I Street Railroad,” in the City of Sacramento. C. H. Grimm [458]claimed to hold three mortgages upon the property, and that they were hens thereon prior to those of the mechanics and material men. The case was tried by a referee, who reported findings of facts, and a judgment in favor of the holders of the mechanics’ hens, from which the intervenor appeals.

The first object that we will notice is, that the County Court had no jurisdiction, because the amount of the lien of the plaintiff exceeded two hundred dollars, and therefore the action should have been brought in the District Court, which it is urged has exclusive jurisdiction of actions where the amount exceeds two hundred dollars, by the provisions of the Constitution. This objection is not tenable. This is not an action for the recovery of a sum of money, but a special statutory proceeding, in the nature of a proceeding in rem against the property alone, to subject it to the payment of the liens authorized by the statute; and under it no personal money judgment can be rendered against the owner of the property, but such judgment can only be recovered in some other Court of competent jurisdiction. (McNeil v. Borland, 23 Cal. 144.)

The next point raised by the appellants is, that the action was not commenced within the time required by the statute, and therefore the holders of the mechanics’ liens were not entitled to any judgment. This objection is founded upon the fact that no summons was issued therein against the defendant, Stow, the owner of the road, or any other person. Sec. 6 of the Mechanics’ Lien Law provides, that no lien provided for by the statute shall bind the property “ for a longer period than six months after filing the same, unless suit be brought in a proper Court within that time to enforce the same.” Sec. 22 of the Practice Act provides that, “ civil actions in the District Courts and the County Courts shall be commenced by the filing of a complaint with the Clerk of the Court in which the action is brought, and issuing of a summons thereon.” It has been held by this Court, that actions under the Mechanics’ Lien Law must be commenced by the filing of the complaint, and the issuing of the summons thereon, within the six months prescribed by the statute; and if the summons is not issued within the time, the lien is lost, even though the complaint be filed within the time. (Flandreau v. White, 18 Cal. 639; Green v. Jackson Water Co., 10 Id. 374.)