CALTON PROPERTIES, INC. v. KEN'S DISCOUNT BUILDING MATERIALS, INC.

No. 84-85.

669 S.W.2d 469 (1984)

282 Ark. 521

CALTON PROPERTIES, INC. et al., Appellants, v. KEN'S DISCOUNT BUILDING MATERIALS, INC., Appellee.

Supreme Court of Arkansas.

Rehearing Denied July 2, 1984.


Attorney(s) appearing for the Case

David W. Kirk, El Dorado, for appellants.

Guthrie, Burbank, Dodson & McDonald by David F. Guthrie, El Dorado, for appellee.


DUDLEY, Justice.

The materialmen's lien statutes contain a fifteen month limitation for the commencement of an action either to foreclose a lien or to proceed against a bond discharging a lien. Service of process was not had in this case until more than forty-seven months after the filing of the complaint and no order was obtained extending the time for service. The trial court granted a default judgment against the bond. We reverse and dismiss. This case was certified...

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