PAGE ...243 No. 26. Answer by Owner-Clauses.... .251 No. 27. Crossbill by Owner for Defective Performance, etc......247 No. 28. Crossbill by Owner to Make Surety Company a Party Defendant and to Obtain Relief Against It....... No. 29. Order (based on Affidavit and Motion or on Stipulation) Making Surety Company a Party Defendant and Permitting Owner to File Crossbill for Relief against It........253 No. 30. Crossbill by Owner to Obtain Relief Against Surety Com pany [Under Act 394 of 1913, C. L. 1915, (14805)]........254 No. 31. Crossbill by Lien Claimant named as Party Defendant in Original Bill No. 32. Motion or Petition to Intervene by Lien Claimant. No. 33. .263 ..264 .266 No. 34. Order, Based on Petition, Making Intervening Lien Claimant a Party Defendant and Allowing Him to File Crossbill for Affirmative Relief................ ...268 No. 35. Crossbill of Intervening Lien Claimant. ..268 No. 36. Petition to File Supplemental Bill.... ..271 No. 37. Affidavit Suggesting Death of Lien Claimant after Commencement of Suit.... .273 No. 42. Stipulation of Counsel as to Agreed Facts, upon Appeal...277 No. 43. Settlement of Case-Certificate of Circuit Judge................ ..278 No. 1. Notice of Furnishing Labor or Material or Both. To..... See C. L. '15, (14796). Take notice that the undersigned is furnishing to ...certain labor (or material or both) for building (or altering, improving, repairing, erecting or ornamenting, as the case may be) a certain... ...situated on (or around or in front of) the following described prop erty:.... Dated at. of..... Michigan, this.... 19..... .day No. 2. Statement by Contractor. See § 41; C. L. '15, (14799). A. B., being duly sworn, deposes and says that he is (if making statement as agent: the agent of C. D., the original contractor herein and makes this affidavit in his behalf; that said C. D., is) the original contractor for the ..(state nature of work as: building, altering, improving, repairing, erecting or ornamenting) of the (describe structure or improvement as: house, building, machinery, wharf) situated on the following described property:.. ......; that the following is a statement of the number and names of every subcontractor and laborer in the employ of this deponent (or if making statement as agent: said C. D.,) in connection with said (state nature of work as above), and of every person furnishing materials therefor; that the amounts due or to become due to such subcontractors, laborers and materialmen for work done and materials furnished at and to the date hereof, is correctly and fully set forth herein opposite their names respectively, as follows: Labor or materials No. Name Amount Deponent further says that he (or said C. D.), has not employed, or procured material from or subcontracted with any person or persons other than those above mentioned, and that he owes no moneys for labor upon or material for the.......... (describe nature of work) of said... (describe structure or improvement) other than the sums above set forth, and that no other person, firm or corporation furnished any labor or material for this deponent (or said C. D.,) or for his benefit or for any person for him in connection with the above work. A. B.... No. 3. Statement of Lien, by Principal. See §51; C. L. '15, (14800). A. B. of..... ..being duly sworn, says that he furnished certain labor (or material or both) in and for building (or altering, improving, repairing, erecting, or ornamenting, as may be) a certain two story frame house (or other description as may be) situated on the lands hereinafter described, in pursuance of a certain contract with C. D., the owner (or part owner or lessee, contractor or subcontractor, as may be); that the performance of said labor (or the furnishing of said material) was begun on the .day of...... 19...., and that the last of .... such labor was performed (or material was furnished) on the..... day of... 19...., and that there is justly and truly due to deponent therefor from the said C. D., over and above all legal setoffs, the sum of $.... for which amount deponent claims a lien on said premises (or building or both) of which... is the owner (or part owner or lessee as may be), which premises are described as follows:.. A.... Subscribed, etc. B... No. 4. Statement of Lien by Agent or Partner. E. F. of..... ..being duly sworn, says that he is the agent (if member of partnership makes statement, insert: a member of the firm of A. and B.) of A. B. of...... Michigan, and is authorized to make this statement in... h... (or its) behalf; that said A. B. (or firm) furnished certain labor (or material or both) in and for building (or repairing as may be) a certain house (or other improvement, as may be) situated on the land hereinafter described, in pursuance of a certain contract with C. D. the owner (or part owner or lessee, contractor or subcontractor as may be); that the performance of said labor (or the furnishing of said material) was begun on the.... ..day of 19...., and that the last of such labor was performed (or material was furnished) on the... day of..... 19...., and that there is justly and truly due to said A. B. (or firm) therefor from the said C. D. over and above all legal setoffs, the sum of $.... for which amount said A. B. (or firm) claims a lien on said premises (or building) of which.. ..is the owner (or part owner or lessee as may be), which premises are described as follows:. No. 5. Proof of Service of Statement of Lien. at. . . . . . . . . . . . in said county, he served a true copy of a Statement of Account and Lien (which statement had been duly filed in the office of the Register of Deeds of said County on the..... ..day of..... 19..... and of which statement a true copy is hereto annexed) on C. D. the owner (or part owner or lessee) by handing the same to him personally at his residence (or elsewhere as may be) in... .in said county.1 dollars lawful money of the United States of America, to be paid to the said or to cer 1. If service was made upon the agent in charge of the premises, in the owner's absence, insert: By handing the same in person to agent of said C. D. in charge of said premises, at his residence (or otherwise) in in said county, deponent being unable to find said C. D. within said county, said C. D. being absent therefrom, as deponent is informed and believes. If service was made by posting, in the absence of the owner and his agent in charge of the premises, insert: by posting the same on the front of said (describe structure or improvement) on said premises, that being a conspicuous place on said premises, deponent being unable, within the period of ten days following the filing of said statement, to find either said C. D. or his agent in charge of said premises within said county. |