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HERRMAN v. DIXON

No. 7433.

285 S.W.2d 716 (1956)

Jesse E. HERRMAN and Carrie M. Herrman, d/b/a Herrman Lumber Company, Plaintiffs-Respondents, v. Frank DIXON, Defendant-Appellant, Gene Wilson and Carl English, d/b/a General Construction Co.; Moore's, Inc., a corp.; Braeckels, Inc., a corp.; Cook Paint & Varnish Co., a corp.; Joplin Cement Co., a corp.; Olin Stanley, d/b/a Stanley Plumbing and Heating Co.; and Max L. Bard, d/b/a Bard & Bard Equipment Co., Defendants.

Springfield Court of Appeals. Missouri.

January 4, 1956.

Attorney(s) appearing for the Case

Clifford H. Casey and Pat Casey, Joplin, for appellant.

Watson, Richart & Titus, Joplin, for respondents.

RUARK, Judge.

This case was submitted under an agreed statement. After proper notice the plaintiffs, now respondents, filed their mechanic's lien statement in the office of the circuit clerk of Jasper County on March 1, 1954. On Tuesday, June 1, 1954, they filed their petition seeking judgment to enforce such lien. The mechanic's lien statute, sec. 429.170,* provides that all actions for mechanic's liens shall be commenced within

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