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Title XXVII DEBTOR-CREDITOR RELATIONS

Chapter 429

previous next Effective - 28 Aug 1959bottom

  429.310.  Time suits deemed commenced. — Any answer, or other pleading, or motion, or entry of appearance followed by pleading in due course, filed or made in any such equitable action by any mechanic's lien claimant, within six months after the preliminary statement for the lien of such claimant has been filed in the proper office therefor, as required by law, or, when filed, or made, at the time required by law on a summons in such equitable action, issued before or within such six-months' period within which suits on mechanics' liens including this equitable action are required to be commenced, provided such equitable action is still pending, shall be deemed a commencement of an action by such mechanic's lien claimant.

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(RSMo 1939 § 3577, A.L. 1959 S.B. 257 & 295)

Prior revisions: 1929 § 3187; 1919 § 7247

(1956) Where subcontractor, after filing notice of lien and statement and obtaining judgment against property owners, filed his answer and cross petition in equitable action brought against general contractor and others, all within 90 days after notice filed, he was entitled to lien although his amended answer was not filed within 90 days. Dierks & Sons Lbr. Co. v. McSorley (A.), 289 S.W.2d 164.

(1964) In suit in equity to enforce mechanic's lien where another lien claimant filed application asking for order joining claimant as party defendant and filed no further pleading, application was not timely commencement of action as required by sections 429.170 and 429.310 to preserve claimant's lien.  Truog v. Elbel Construction Co. (A.), 374 S.W.2d 612.


---- end of effective   28 Aug 1959 ----

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