Section 37 Unnecessary Delay

• Library: Mechanics Liens 2015

7. (§37) Unnecessary Delay

Section 429.170, RSMo 2000, provides that all mechanic’s lien actions shall be “prosecuted without unnecessary delay to final judgment.” A delay of 7½ years from the filing of the petition to judgment was held fatal in Hill-Behan Lumber Co. v. Sellers, 149 S.W.2d 465 (Mo. App. E.D. 1941), as was a 17-year delay in Wiles-Chipman Lumber Co. v. Pieper, 176 S.W.2d 50 (Mo. App. E.D. 1943). The Supreme Court has held that a delay of over 6 months from the time the summons was returned...