§ 43-70. Release of mechanic's lien upon payment into court or filing of bondafter suit brought.
In any suit brought under the provisions of § 43-22, the owner of thebuilding and premises to which the lien, or liens, sought to be enforcedshall have attached, the general contractor for such building or otherparties in interest may, after five days' notice to the lienor, or lienors,apply to the court in which such suit shall be pending, or to the judgethereof in vacation, for permission to pay into court an amount of moneysufficient to discharge such lien, or liens, and the costs of the suit or forpermission to file a bond in the penalty of double the amount of such lien,or liens, and costs, with surety to be approved by the court, or judge,conditioned for the payment of such judgment adjudicating the lien or liensto be valid and determining the amount for which the same would have beenenforceable against the real estate as may be rendered by the court upon thehearing of the case on its merits, which permission shall be granted by thecourt, or judge, in either such case, unless good cause be shown against thesame by some party in interest.
Upon the payment of such money into court, or upon the filing of such bond,as the case may be, after the court has granted permission for the same to bedone, the property affected thereby shall stand released from such lien, orliens, and the money so paid in, or the bond so filed, as the case may be,shall be subject to the final judgment of the court upon the hearing of thecase on its merits.
(1936, p. 492; Michie Code 1942, § 6437a; 1962, c. 166; 1976, c. 388; 1992,c. 532.)
§ 43-70. Release of mechanic's lien upon payment into court or filing of bondafter suit brought.
In any suit brought under the provisions of § 43-22, the owner of thebuilding and premises to which the lien, or liens, sought to be enforcedshall have attached, the general contractor for such building or otherparties in interest may, after five days' notice to the lienor, or lienors,apply to the court in which such suit shall be pending, or to the judgethereof in vacation, for permission to pay into court an amount of moneysufficient to discharge such lien, or liens, and the costs of the suit or forpermission to file a bond in the penalty of double the amount of such lien,or liens, and costs, with surety to be approved by the court, or judge,conditioned for the payment of such judgment adjudicating the lien or liensto be valid and determining the amount for which the same would have beenenforceable against the real estate as may be rendered by the court upon thehearing of the case on its merits, which permission shall be granted by thecourt, or judge, in either such case, unless good cause be shown against thesame by some party in interest.
Upon the payment of such money into court, or upon the filing of such bond,as the case may be, after the court has granted permission for the same to bedone, the property affected thereby shall stand released from such lien, orliens, and the money so paid in, or the bond so filed, as the case may be,shall be subject to the final judgment of the court upon the hearing of thecase on its merits.
(1936, p. 492; Michie Code 1942, § 6437a; 1962, c. 166; 1976, c. 388; 1992,c. 532.)
§ 43-70. Release of mechanic's lien upon payment into court or filing of bondafter suit brought.
In any suit brought under the provisions of § 43-22, the owner of thebuilding and premises to which the lien, or liens, sought to be enforcedshall have attached, the general contractor for such building or otherparties in interest may, after five days' notice to the lienor, or lienors,apply to the court in which such suit shall be pending, or to the judgethereof in vacation, for permission to pay into court an amount of moneysufficient to discharge such lien, or liens, and the costs of the suit or forpermission to file a bond in the penalty of double the amount of such lien,or liens, and costs, with surety to be approved by the court, or judge,conditioned for the payment of such judgment adjudicating the lien or liensto be valid and determining the amount for which the same would have beenenforceable against the real estate as may be rendered by the court upon thehearing of the case on its merits, which permission shall be granted by thecourt, or judge, in either such case, unless good cause be shown against thesame by some party in interest.
Upon the payment of such money into court, or upon the filing of such bond,as the case may be, after the court has granted permission for the same to bedone, the property affected thereby shall stand released from such lien, orliens, and the money so paid in, or the bond so filed, as the case may be,shall be subject to the final judgment of the court upon the hearing of thecase on its merits.
(1936, p. 492; Michie Code 1942, § 6437a; 1962, c. 166; 1976, c. 388; 1992,c. 532.)
