Section 41 Time and Manner of Commencing Action
| Library | Mechanics Liens 2015 |
4. (§41) Time and Manner of Commencing Action
Section 429.170, RSMo 2000, which provides that no mechanic’s lien shall continue to exist for more than six months after the lien is filed unless an action is commenced on it within that time, applies to equitable suits as well as actions at law. Dierks & Sons Lumber Co. v. McSorley, 289 S.W.2d 164 (Mo. App. W.D. 1956).
When an equitable proceeding is already pending as to the property against which a lien claimant desires to enforce a lien, the lien claimant commences an action for the purposes of § 429.170 by filing an answer or other...
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