429.290. Equitable action exclusive of other remedies. - Missouri Statutes

Equitable action exclusive of other remedies.

429.290. After any such equitable action is commenced, thesame shall be exclusive of other remedies for the enforcement ofmechanics' liens, but until such action is brought, the otherremedies provided for in sections 429.010 to 429.340 shall remainand exist. And the procedure in any such equitable action,except as herein otherwise provided, shall be governed by the lawand rules of procedure in civil actions generally.

(RSMo 1939 § 3576)

Prior revisions: 1929 § 3186; 1919 § 7246

(1953) Where lien appears of record, the timely filing of a suit to enforce same may be treated as a cross bill to a previously filed equitable lien action and should be consolidated with such action on application or on court's own motion. E. C. Robinson Lumber Co. v. Baugher (A.), 258 S.W.2d 259.