Merritt Lumber Yards, Inc. v. G. E. B. Enterprises, Inc.

Forrest, J.,

The owners of certain real estate, asserting that a materialman’s apportioned lien claim filed against their property was not filed timely, petitioned to strike off the lien claim. Claimant answered the petition, and the matter was duly argued before the court en banc. Having considered the matter, the court was at the verge of handing down an opinion and order when counsel for *40claimant orally requested a reargument. The request was granted informally, and the case was reargued before the court en banc.

The lien claim avers that the materials were furnished between June 7, 1956,…