429.310. Time suits deemed commenced. - Missouri Statutes

Time suits deemed commenced.

429.310. Any answer, or other pleading, or motion, or entryof appearance followed by pleading in due course, filed or madein any such equitable action by any mechanic's lien claimant,within six months after the preliminary statement for the lien ofsuch claimant has been filed in the proper office therefor, asrequired by law, or, when filed, or made, at the time required bylaw on a summons in such equitable action, issued before orwithin such six-months' period within which suits on mechanics'liens including this equitable action are required to becommenced, provided such equitable action is still pending, shallbe deemed a commencement of an action by such mechanic's lienclaimant.

(RSMo 1939 § 3577, A.L. 1959 S.B. 257 & 295)

Prior revisions: 1929 § 3187; 1919 § 7247

(1956) Where subcontractor, after filing notice of lien and statement and obtaining judgment against property owners, filed his answer and cross petition in equitable action brought against general contractor and others, all within 90 days after notice filed, he was entitled to lien although his amended answer was not filed within 90 days. Dierks & Sons Lbr. Co. v. McSorley (A.), 289 S.W.2d 164.

(1964) In suit in equity to enforce mechanic's lien where another lien claimant filed application asking for order joining claimant as party defendant and filed no further pleading, application was not timely commencement of action as required by sections 429.170 and 429.310 to preserve claimant's lien. Truog v. Elbel Construction Co. (A.), 374 S.W.2d 612.