Central Wholesale Distributors, a Division of Topeka Lumber, Inc. v. Day

MANFORD, Judge.

This is a civil action seeking judgment on a mechanic’s lien. The circuit court entered a judgment of dismissal for noncompliance with Chapter 429, RSMo 1978 upon failure to join a necessary party. The judgment is affirmed.

Three points are presented which charge that the trial court erred in dismissing appellant’s claim, because (1) the trial court had jurisdiction over the necessary party (the general contractor), (2) respondents waived their affirmative defense of lack of jurisdiction and are estopped from claiming a lack of jurisdiction, and (3) the purpose of § 429.190,…