State ex rel. Szabary v. Recorder of Mortgages

Citations

• 13 Tiess. 292

Syllabus

<p>Syllabus.</p> <p>When several parties are plaintiffs or defendants they may all-join in one petition of appeal and furnish one bond.</p> <p>The allegation that the amount of the bond as fixed by the Court, is insufficient is not a ground to dismiss an appeal; the remedy is to apply to the lower Court to increase the amount.</p> <p>Mandamus is the proper remedy to cause the Recorder of Mort- ■ gages to cancel inscriptions of privileges claimed by con- • tractors and others upon buildings when it is alleged that said privileges have been extinguished.</p> <p>Relator who has neither mortgage nor privileges upon certain lots, nor claim against- the owner, discloses no right of action for the cancellation of inscriptions upon said lots in favor of others.</p> <p>The action of undertakers of buildings is not prescribed by three years but by'ten years.</p> <p>Architects are assimilated to undertakers and the same prescription applies to their action for the recovery of their compensation.</p>