4 D.C. 668
Decided March 15, 1836
The plaintiff, on the 25lh of June, 1835, filed in the clerk’s office his claim against the defendant, amounting to $1,711.98, and dated November 6th, 1833, and on the 29th of July, 1795, sued out a writ of scire facias, stating the filing of his claim “ in pursuance of the Act of Congress entitled,” &c., “ to be enrolled among the records of the said court, and which was so enrolled, as by the record thereof in the office of the clerk of the said court remaining, manifestly…
Decided 1836-03-15
¶1stopped Mr. Goxe, in reply, and said that as the plaintiff had not brought his suit, nor filed his claim within three months after the materials furnished, and two years had elapsed after the commencement of the building, (which was thirty days before the 29th of June, 1833,) and before the filing of the claim, (which was on the 25th of June, 1835,) the lien had expired before the issuing of the scire facias.
¶2Fieri facias and proceedings quashed.