Lacore v. Leonard

         Creed Haymond, for Appellants, argued that by analogy to the Statute of Limitations, the defendants having failed to plead the limitations in the lien law, should be held to have waived it; and that the Court had no authority to set aside the judgment of its own motion. (Chester v. Miller, 13 Cal. 561.)           Van Clief, for Respondents, argued that the ninety days having expired before the commencement of the suit, there was nothing to support a judgment of foreclosure. As to the time for commencing action in such cases, he cited Flandreau v. White, 18 Cal. 629.