Oliver v. Fowler

Citations

• 22 S.C. 534
• 1885 S.C. LEXIS 47

Syllabus

<p>1. In proceedings for the enforcement of a mechanic’s lien, the findings of fact by the Circuit judge approved.</p> <p>2. The right to enforce a mechanic’s lien may be prosecuted cither by service of summons and petition (in which case no order of court is necessary) or else by filing the petition and obtaining from the court an order of notice to the owner.</p> <p>3. When a petition to enforce a mechanic’s lien is filed, the action is commenced ; and if filed within the time limited, the proceedings cannot be dismissed upon the ground that it was not commenced in time, even though the summons only was served.</p> <p>4. If an order of court was necessary to make the service, answering to the merits waived such a requirement, and the defendant thereby submittecl himself to the jurisdiction of the court, even though in his answer he reserved the right to move to dismiss the proceeding for want of proper service.</p> <p>5. The assignee of a mechanic’s claim for labor and material has the right to enforce the lien given by the statute to the assignor.</p>