50 – Execution.
§ 50. Execution. Execution may be issued upon a judgment obtained in an action to enforce a mechanic’s lien against real property in a court not of record, which shall direct the officer to sell the title and interest of the owner in the premises, upon which the lien set forth in the complaint existed […]
51 – Appeals From Judgments in Courts Not of Record.
§ 51. Appeals from judgments in courts not of record. An appeal may be taken from such judgment rendered in a court not of record, according to the provisions of law regulating appeals from judgments in actions on contract in such courts.
52 – Transcrips of Judgments in Courts Not of Record.
§ 52. Transcrips of judgments in courts not of record. When a judgment is rendered in a court not of record, the justice or judge of the court in which it is tried, or other person authorized to furnish transcripts of judgments therein, shall furnish the successful party a transcript thereof, which he may file […]
40 – Construction of Article.
§ 40. Construction of article. This article is to be construed in connection with article two of this chapter, and provides proceedings for the enforcement of liens for labor performed and materials furnished in the improvement of real property, created by virtue of such article.
41 – Enforcement of Mechanic’s Lien on Real Property.
§ 41. Enforcement of mechanic’s lien on real property. A mechanic’s lien on real property may be enforced against such property, and against a person liable for the debt upon which the lien is founded, by an action, by the lienor, his assignee or legal representative, in the supreme court or in a county court […]
42 – Enforcement of a Lien Under Contract for a Public Improvement.
§ 42. Enforcement of a lien under contract for a public improvement. A lien for labor done or materials furnished for a public improvement may be enforced against the funds of the state or the public corporation for which such public improvement is constructed or demolished, to the extent prescribed in article two of this […]
43 – Action in a Court of Record; Consolidation of Actions.
§ 43. Action in a court of record; consolidation of actions. The provisions of the real property actions and proceedings law relating to actions for the foreclosure of a mortgage upon real property, and the sale and the distribution of the proceeds thereof apply to actions in a court of record, to enforce mechanics’ liens […]
38 – Itemized Statement May Be Required of Lienor.
§ 38. Itemized statement may be required of lienor. A lienor who has filed a notice of lien shall, on demand in writing, deliver to the owner or contractor making such demand a statement in writing which shall set forth the items of labor and/or material and the value thereof which make up the amount […]
44 – Parties to an Action in a Court of Record.
§ 44. Parties to an action in a court of record. In an action in a court of record to enforce a lien against real property or a public improvement, the following are necessary parties defendant: 1. All lienors having liens notices of which have been filed against the same real property or public improvement, […]
39 – Lien Wilfully Exaggerated Is Void.
§ 39. Lien wilfully exaggerated is void. In any action or proceeding to enforce a mechanic’s lien upon a private or public improvement or in which the validity of the lien is an issue, if the court shall find that a lienor has wilfully exaggerated the amount for which he claims a lien as stated […]