85-7-31 - Commencement of suit.
§ 85-7-31. Commencement of suit.
A person having any lien in Sections 85-7-1 to 85-7-9 may enforce the same by making affidavit before any officer authorized to administer oaths of any county where the subject-matter of the lien may be, describing therein the property sought to be subjected, setting forth his claim, share or interest therein, and asserting his lien thereon, with an itemized account of his demand, and giving the names of the persons interested therein, and of those, if any, who have a like or other claim or interest in such property; whereupon the clerk or justice shall issue a writ directed to the proper officer and returnable to the proper court, commanding the officer to seize the property, or so much thereof as may be necessary to satisfy the plaintiff's demand and costs, and to summon the persons named in the affidavit as interested therein, to appear in the court designated, at the time fixed, to answer the complaint.
Sources: Codes, 1880, §§ 1363, 1364; 1892, § 2684; 1906, § 3044; Hemingway's 1917, § 2402; 1930, § 2243; 1942, § 341.