Brewster v. McLaughlin

The action is to foreclose a mechanic’s lien. The owner, the contractor, two other lienors, who have -filed their liens against the same property, and the two sureties on the bond *51given to discharge the lien, are made parties defendant. The two sureties herein are the same sureties given on the bond to discharge the liens of the defendant-lienors against the same property. These sureties have not yet been served with the summons, and have not appeared in the action. The plaintiff has, however, changed his mind, and makes this motion to strike out the names of these sureties from the summons.…