UNIVERSAL CONSTRUCTION COMPANY v. Peterson

Peterson, Justice.

Defendant appeals from the denial of his post-trial motion for amended findings or, in the alternative, for a new trial in a mechanics lien foreclosure action. We affirm the trial court on all issues presented but discuss only the principal issue raised: Whether in the particular circumstance of this case plaintiff’s mechanics lien was enforceable notwithstanding the fact that the complaint was not actually filed with the clerk of court before the summons was served as required by the mechanics lien statute.

Plaintiff, having claims against defendant arising out of the…