Southern Railway Co. v. Crawford & Slaten Co.

1. Section 3353(2%) of Micliie’s (1926) Code, prescribing the method of foreclosing the liens specified in § 3352 of the same code, makes mandatory “the commencement of an action for the recovery of the amount of his claim within twelve months from the time the same shall become due;” but the requirement of the statute as to the time within which the “action” shall be commenced relates to the action in personam against the contractor, and not to the subsequent proceeding against the landowner. Lombard v. Trustees &c., 73 Ga. 322, 324. See also Buck v. Tifton Mfg. Co., 4 Ga. App. 695, 696 (62…