Section 429.310 – Time suits deemed commenced.
Effective – 28 Aug 1959 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 […]
Section 429.320 – Appointment of referee by court, when — jury trials.
Effective – 28 Aug 1939 429.320. Appointment of referee by court, when — jury trials. — At the instance of any party to said action the court may appoint a referee to hear and report the evidence and to make conclusions and findings of fact and law therein and to report the same to the […]
Section 429.330 – No equitable action in case of one lien.
Effective – 28 Aug 1939 429.330. No equitable action in case of one lien. — This equitable action shall not apply to instances in which there is only one mechanic’s lien claimed against the property and any of it, but in any suit thereon the court shall determine the respective priorities as between such mechanic’s […]
Section 429.340 – Enforcement of decree ordering sale of property.
Effective – 28 Aug 1939 429.340. Enforcement of decree ordering sale of property. — Upon sale and execution of deed for the property sold in such equitable action, either by special commissioner appointed to make said sale or by the sheriff or successor of such commissioner or sheriff, the court may order delivery of possession […]
Section 429.350 – Enforcement of mechanics’ liens by associate circuit judge.
Effective – 02 Jan 1979 429.350. Enforcement of mechanics’ liens by associate circuit judge. — Associate circuit judges may exercise jurisdiction without special assignment in all actions brought to enforce mechanics’ liens when the amount or balance claimed to be due does not exceed the monetary jurisdiction which associate circuit judges may exercise in ordinary […]
Section 429.360 – Suits for foreclosure, process, procedure — same as other civil suits.
Effective – 02 Jan 1979 429.360. Suits for foreclosure, process, procedure — same as other civil suits. — The process, practice and procedure, including applications for trial de novo, in suits to enforce mechanics’ liens which are heard by an associate circuit judge without special assignment shall be as nearly as practicable the same as […]
Section 429.280 – Parties to equitable action.
Effective – 28 Aug 1939 429.280. Parties to equitable action. — 1. All persons claiming any lien or encumbrance upon, and all persons having any rights in or against and all owners and lessees of said property to be affected and any of it, all as may be disclosed by the proper public records, shall […]
Section 429.290 – Equitable action exclusive of other remedies.
Effective – 28 Aug 1939 429.290. Equitable action exclusive of other remedies. — After any such equitable action is commenced, the same shall be exclusive of other remedies for the enforcement of mechanics’ liens, but until such action is brought, the other remedies provided for in sections 429.010 to 429.340 shall remain and exist. And […]
Section 429.300 – Other actions stayed when equitable action brought.
Effective – 28 Aug 1939 429.300. Other actions stayed when equitable action brought. — The equitable action above provided for shall be brought in the proper court of record regardless of the amount claimed by the plaintiff or plaintiffs in such action, and all other suits that may have been brought on any mechanic’s lien […]
Section 429.210 – The judgment.
Effective – 28 Aug 1939 429.210. The judgment. — The court shall ascertain, by a fair trial in the usual way, the amount of the indebtedness for which the lien is prosecuted, and may render judgment therefor in any sum not exceeding the amount claimed in the demand filed with the lien, together with interest […]