Thompson v. Evans

In my opinion the order appealed from ■should be reversed, and we should not hold ■■that section 11133 of the statute is directory only and not mandatory. That section provides that the lien created by section 11131 “shall be mentioned in 'the judgment rendered for claimant in the ■ordinary suit for the claim.” The preceding section provides that the lien shall not be effectual unless suit shall be brought mpon the claim within one year. In Thompson v. Glover, 8 Cir., 94 F.2d 544, this ■court held that both requirements are conditions subsequent. The second headnot.e :to that opinion found in…