TROY W. MASCHMEYER CO. v. HAAS

Calendar No. 40, Docket No. 50,774.

376 Mich. 289 (1965)

136 N.W.2d 902

TROY W. MASCHMEYER COMPANY v. HAAS.

Supreme Court of Michigan.

Decided October 4, 1965.


Attorney(s) appearing for the Case

Patrick J. Keating, for plaintiff.

Nathan S. Peterman (Travis, Warren & Nayer, by Harry M. Nayer and C. Robert Wartell, of counsel), for defendants.


SMITH, J.

Plaintiff recorded a mechanic's lien against defendants' property March 19, 1962, and filed a complaint in court to enforce the lien on February 28, 1963, that is to say, within the 1-year period provided by statute. However, defendants were not served with process until July 9, 1963. Defendants answered and interposed as an affirmative defense that service had been made upon them after expiration of the period...

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