429.300. Other actions stayed when equitable action brought. - Missouri Statutes

Other actions stayed when equitable action brought.

429.300. The equitable action above provided for shall bebrought in the proper court of record regardless of the amountclaimed by the plaintiff or plaintiffs in such action, and allother suits that may have been brought on any mechanic's lienclaim or demand shall be stayed and no further prosecuted, andthe parties in any such other suit shall be made parties to suchequitable action as in the foregoing sections provided, and anycosts rightfully accrued in behalf of any lien claimant in anysuch other action shall be and become a part of the lien claim ofsuch party. After the institution of such equitable action noseparate suit shall be brought upon any mechanic's lien or claimagainst said property, or any of it, but the rights of allpersons shall be adjusted, adjudicated and enforced in suchequitable suit.

(RSMo 1939 § 3573)

Prior revisions: 1929 § 3183; 1919 § 7243

(1952) Where supplier of steel for housing project filed suit for equitable mechanic's lien in Jackson county, subsequent equity action filed by party to such mechanic's lien suit against plaintiff therein which involved same transactions should be dismissed. State ex rel. G. Lakes Steel Corp. v. Sartorius (Mo.), 249 S.W.2d 853.