Effective 28 Aug 1959

429.170. Actions commenced in six months. — All actions under sections 429.010 to 429.340 shall be commenced within six months after filing the lien, and prosecuted without unnecessary delay to final judgment; and no lien shall continue to exist by virtue of the provisions of said sections, for more than six months after the lien shall be filed, unless within that time an action shall be instituted thereon, as herein prescribed.

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(RSMo 1939 § 3562, A.L. 1959 S.B. 257 & 295)

Prior revisions: 1929 § 3172; 1919 § 7232; 1909 § 8228

(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.

(1954) Where contract for machines to be attached to realty was made with one corporation which was later dissolved and machines thereunder were delivered to and accepted by another corporation having same name, suit for mechanic's lien timely filed against first corporation which was not then in existence held timely. Drew's Hdw. & App. Co. v. Willis Housing Projects (A.), 268 S.W.2d 596.

(1956) Where ninetieth day for filing mechanic's lien occurred on Decoration Day, May 30, which was Sunday, the time for filing under § 506.060 was extended until Tuesday, June 1, because Monday became the holiday under § 9.010. Hermann v. Dixon (A.), 285 S.W.2d 716.

(1963) Where both the property owner and subcontractor were made parties defendant in action to establish and enforce materialman's lien and petition was filed and process issued within six months' period, suit was timely although service was not had on subcontractor within six months' period. Continental Electric Co. v. Ebco (A.), 365 S.W.2d 746.

(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.

(1964) Although action to enforce lien was commenced within statutory period, materialman's unexcused neglect for a period in excess of the period of limitation after first summons was issued against necessary party and returned unserved to request issuance of alias summons was fatal to the action. Continental Electric Co. v. Ebco, Inc. (Mo.), 375 S.W.2d 134.