Thompson Yards, Inc. v. Standard Home Building Co.

This action to foreclose a mechanic’s lien comes here on the appeal of plaintiff from an order granting the motion of defendant W. C. J. Hermann, a mortgagee of the premises in question, to set aside two attempted services of the summons upon him, to strike his name from the files and to dismiss the action as to him. The propriety of the order depends entirely upon whether the summons was served upon respondent within the time required by statute.

The chronology of the case; so far as now material, is as follows: Last item of material furnished by plaintiff, January 12, 1923; complaint filed…