Thornton Bros. v. Johnson-Schaffer Drug Co.

Devaney, Ci-iiee Justice.

Action was commenced by Thornton Bros, to foreclose a mechanic’s lien. Summons was served on defendant Trustees of Ham-line University in October, 1934. Time for answer having expired, plaintiff’s attorneys called defendant’s attorney and were informed that defendant had no intention of answering as no complaint was on file in the office of the clerk. Upon investigation, plaintiff’s attorneys could find no complaint in the clerk’s office or elsewhere. At this time the one year within which action to foreclose such lien must be brought had expired. Plaintiff,…