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Horn v. United States Min. Co., 47 Or. 124, 81 P. 1009

Facts

William Horn performed work for the United States Mining Company, digging a tunnel and claiming a balance due of $516.50 after partial payment. He filed a miner's lien on January 7, 1904, after completing the work on November 7, 1903. The defendants challenged the validity of the lien, arguing that the complaint did not state facts entitling the plaintiff to relief, particularly regarding the timing of the lien filing.

The complaint sets out, among other usual and necessary allegations, that on and between the 24th day of August and the 7th day of November, 1903, the plaintiff performed work and labor for defendant in digging a tunnel for the distance of 75 feet at the agreed price of $8 per foot, and of the aggregate value of $600; that $83.50 has been paid, leaving a balance due plaintiff of $516.50; that plaintiff on January 7th duly and legally filed and recorded a miner's lien in the county clerk's office for Douglas county, and claims a lien accordingly.

Issue

Whether the plaintiff had perfected and obtained his mechanic's lien as claimed, given the timing of the lien filing.

It is urged here for the first time that the complaint does not state facts entitling the plaintiff to relief.

Rule

The statute requires that a laborer entitled to a claim of lien must file with the county clerk within 60 days after ceasing labor, and failure to do so results in the loss of the lien.

The statute imposes the duty upon every laborer entitled to a claim of lien upon a mine, lode, or deposit to file his claim with the county clerk of the county in which the mine is situated within 60 days after he has ceased to labor therein.

Analysis

The court analyzed the timing of the lien filing, noting that the plaintiff's work ended on November 7, 1903, and that the 60-day period for filing the lien expired on January 6, 1904. Since the plaintiff filed the lien on January 7, 1904, the court concluded that the filing was one day late, thus failing to meet the statutory requirement.

Governed by this rule, we find that by excluding the last day of service, namely, November 7th, and including the last of the sixty days given for filing the lien, the plaintiff is short one day; that is, excluding November 7th, the sixty days fully expired with the 6th of January, 1904, and the filing on the 7th was too late.

Conclusion

The court reversed the lower court's decree and dismissed the case due to the plaintiff's failure to file the lien within the required time frame.

The complaint was therefore insufficient to support the decree, which leads to a reversal, and the cause will accordingly be dismissed.

Who won?

The defendants prevailed in the case because the court found that the plaintiff did not comply with the statutory requirements for filing a mechanic's lien.

The court ultimately reversed the lower court's decision, determining that the plaintiff had failed to file his lien within the statutory time frame.

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