Author: Missouri

Publisher: Rarebooksclub.com

Published: 2013-09

Total Pages: 1126

ISBN-13: 9781230059563

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1919 edition. Excerpt: ...file and keep every such notice so presented to him for filing, and shall further record the same at length in a separate book appropriately entitled; and for such service so performed, such recorder shall receive for each notice the sum of twenty-five cents, and for each copy so certified as aforesaid of each of said notices, shall receive the sum of fifty cents, to be paid by the party so filing or procuring such certified copy, as the case may be, and the costs of filing and of one certified copy shall be taxed as costs in any lien suit to which the same pertains, to abide the result of the suit. (R. S. 1909, 3232-) Sec. 7237. Duty of contractor when others file lien.----In all cases where a lien shall be filed under the provisions of this article by any Per' son other than a contractor, it shall be the duty of the contractor to defend any action brought thereupon, at his own expense; and. dllflllg the pendency of such action, the owner may withhold from the contractor the amount of money for which such lien shall be filed; and in case of Ji1d8' ment against the owner or his property upon the lien, he shall be enlll-led to deduct from any amount due by him to the contractor the amount of such judgment and costs, and, if he shall have settled with the contractor in full, shall be entitled to recover back from the contractor any amount so paid by the owner for which the contractor was orlginany the party liable. (R. S. 1909, 8233.) v. O'Connell, 88 A. 1. The original contractor should be made a party in order that he may defend an action for material furnished to a subcontractor. _ Rumsey. etc. Co. v. Piefier, 108 A. 486, 83 S. W. 1027. But the judgment will not be irregular nor void for failure to bring the original..."