Allied Asphalt Co. v. Cumbie

Clark, Judge.

Did the complaint seeking foreclosure of a materialman’s lien upon real estate under Code Ann. § 67-2002 satisfy the requirement of suing the person with whom the debt was contracted within twelve months from the date the debt became due? That is the principal question presented in this appeal. It arises because the complaint as originally filed did not contain a prayer for judgment in personam against the contractor. After plaintiff had amended in this respect, defendant owners moved to dismiss the complaint for failure to state a claim upon which relief can be granted. Upon…