In re Cohen

Motion by owner to have discharged of record a certain notice of mechanic’s lien filed December 29, 1923, after a previous notice for the same labor and material had been filed by the same lienor and had been discharged for failure to prosecute. This motion is based on the theory that whatever rights to a lien the lienor had were lost by the failure to proceed to foreclose the notice of lien theretofore filed and discharged, and that no rights remained to the lienor or claimant other than the right to sue for the alleged money balance due for said labor and material. The motion raises a…