Leventhal

This is an appeal from a judgment in an action to foreclose a mechanic’s lien which was rendered against plaintiff after a demurrer to the complaint had been sustained without leave to amend.

The complaint alleged that the notice of lien upon which the action was based was filed pursuant to section 1187 of the Code of Civil Procedure on July 15, 1924. The complaint was filed October 14, 1924. Section 1190 of the Code of- Civil Procedure declares: “No lien provided for in this chapter binds any property for a longer period than ninety days after the same has been filed, unless proceedings be commenced in a proper court within that time to enforce the same. ...” The ninety days allowed by the provisions of the last-quoted section expired on October 13th. The preceding day was Sunday, which was also “Columbus Day” by enactment of both section 7 of the Civil Code, and section 10 of the Code of Civil Procedure. These sections last cited provide that: “If the . . . twelfth day of October . . . falls upon a Sunday, the Monday following is a holiday.” Hence Monday, October 13, 1924, became a holiday. Both section 10 of the Civil Code and section 12 of the Code of Civil Procedure declare:…