which he has given notice of an intention to claim and claimed, for the payment of his debt and demand notwithstanding the same is not yet due.

(b)

That the said claim of the plaintiff together with interest and costs may be allowed subject to a reduction of interest to the time when said claim would become due.

(d)

That the defendant C. D. (or other person or persons liable) be decreed to pay to the plaintiff the amount thus allowed as owing him together with interest and the costs of this suit, within a day certain after the maturity of the same to be fixed in said decree.

(In case the lien claimant is a defendant and files a cross bill or files an intervening bill, proper averments should be included, and the prayer should either request postponement of distribution, or in the event of sale to satisfy other liens, request the withholding of sufficient of the proceeds or claimant's proportion thereof, to liquidate the lien of the claimant when it shall become due.)

No. 24. Lis Pendens.

(Entitle Court and Cause.)

To Whom It May Concern:

Notice is hereby given that the above entitled cause is a suit to enforce a mechanic's lien now pending in said court, wherein plaintiff seeks to establish and foreclose such lien upon the premises owned by defendant C. D. (or state fact as it is if ownership otherwise) known and described as follows:

Dated at of ....

...

19.....

Attorney for Plaintiff. Michigan, this

day

No. 25. Motion to Dismiss Bill.

(Entitle Court and Cause.)

....

Now comes the defendant and moves the court to dismiss the bill of complaint herein on the following grounds: It alleges that the premises in question, at the time the claimed lien was alleged to have attached, were owned by said defendant.. ...and wife as an estate by the entirety; and that the lien claimed against the same was based upon the performance of labor (or furnishing of materials) under a written contract signed only by said husband, defendant .; (or under an oral contract,) wherefore

said alleged lien is clearly invalid.

It alleges that the last of said labor performed

day of ....

by plaintiff was performed on the ..day of 19. ..., and that the statement of lien made by plaintiff was not filed in the office of the register of deeds of said county until over four months thereafter, to-wit, on the 19. ...; wherefore said alleged lien is void and of no force or effect. It shows that service of a copy of the statement of alleged lien was made upon said defendant..... in the county of ... in said state, whereas the statute provides that service of such statement must be made within the county wherein said premises are situated; wherefore said alleged lien is invalid.

(naming another county),

(Add other paragraphs as the facts warrant.)

This motion is based on the record and files in said cause.

No. 26. Answer by Owner-Clauses.

(Entitle court and cause and insert necessary formal

paragraphs.)

(Admit or deny the allegations of the bill to suit the particular case.)

The defendant further answering shows, that notwithstanding he has (or make in past tense throughout) been willing that said plaintiff should continue to perform and complete said contract and has done, and holds himself in readiness to do, everything reasonably required of him to that end, and has made, or held himself in readiness to make payments upon the said contract in strict accordance with its terms, the said plaintiff after undertaking the work under his contract and after partially completing the same (state the extent to which completed), without cause, provocation or fault on the part of this defendant, abandoned the said contract and the work thereunder and refused to continue or to complete the same; that thereupon and therefore this defendant took over and completed the said structure (or work, describing the same) and completed the same; that in the event of full performance of said contract, the plaintiff would have been entitled to receive therefor the sum of $..... .......; that the payments to the said contractor pursuant to said contract amounted to the sum of $.... (if subcontractors, materialmen or laborers are plaintiffs or have intervened, averments may be made to show the amounts paid to contractor and distributed, etc.); that liens have been claimed upon the said premises in addition to the lien of the said plaintiff, which are now valid or subsisting claims or liens to the amount of $.... and that the cost to complete the said structure after the said abandonment and in accordance with the said contract amounted to the sum of $..... and that the said advances to said plaintiff (or amounts advanced and paid out for labor and materials) plus the amounts of the valid and subsisting liens plus the cost of completion, amount to more than the contract price, wherefore the said plaintiff has no valid lien or right to lien and the said bill should be dismissed and said lien discharged. That in the construction or erection of said struc

ture (or performance or work, whatever it was), the said plaintiff did the same in a careless, indifferent and unworkmanlike manner and permitted and caused therein certain defects and imperfections and failed to carry out the terms of the contract in the following particulars to-wit, (state particulars of defective or imperfect construction, or construction not in accordance with the terms of the contract); that when said structure was turned over to this defendant (or when he took possession of the same, in case of abandonment, etc.) such defects existed and appeared; that such defects were in no way due to any act, conduct or omission of this defendant and that he did not at any time approve or consent to such construction in the manner followed; that he has called the same to the attention of the said plaintiff and has given him ample opportunity to remedy the same, which he has refused and neglected to do; that by reason of such incomplete and defective performance and failure to complete in accordance with the contract, this defendant has been injured and damaged to the extent of $.. (or has expended the sum of $...

in remedying the defects); that the said sum is no more than is fair, just and equitable or sufficient to give to this defendant a completed structure in accordance with said contract, and is no more than is sufficient to compensate him for his injury and damages or for his necessary disbursements to so alter the structure as to be in accordance with such contract.

That the said statement or claim of lien referred to and sought to be enforced in said bill is incomplete and insufficient in this:

(That it was not filed within the time fixed by statute.) (That it was not served within the time fixed by statute.) (That it was not served in the manner fixed by statute, as that it was served outside the county, or upon an agent when defendant could have been found, or upon an agent not in charge, or by posting when defendant or an agent in charge could have been found within the county.)

(That it was intentionally, knowingly and wilfully excessive in the amount for which lien was claimed, or because including material or labor, etc., not entering into the structure, etc.)

(That the property is improperly described, or owner or contractor improperly named.)

(That the claim was not properly verified or signed, or did not contain all of the statutory requisites.)

wherefore no lien in fact or in law resulted from the claim or filing of the same, and the said claim and statement is null and void, and this defendant is entitled to have the same discharged of record and the cloud thereof removed from his title.

That the said premises against which said lien is claimed, at the time of the commencement of said structure (or other work), constituted an estate by the entireties or a homestead (state details) and that no written contract therefor signed by both the husband and wife was at any time entered into or existed as required by statute as a prerequisite to lien in such cases, wherefore no right of lien could or did arise against said premises or any part thereof, and that any and all claims of lien for or on account of the said work or construction, and specifically the lien claimed and sought to be enforced in this proceeding, are illegal, void, and of no effect, and defendant is entitled to have the same discharged.

That notwithstanding the said bill and the lien claimed and sought to be enforced therein alleges..

19...., as the date of the furnishing of the last of the materials or labor in accordance with said contract, said statement is in fact erroneous and untrue in this, that the said structure was finally completed and all work and labor thereon performed prior to that date, and that the said plaintiff after such full completion, designing and intending to wrongfully extend the time within which he might claim a lien upon the said premises, and not in accordance with said contract and without the request or acquiescence of