1311.44 Proceeding by petition.

A person obtaining and holding a lien as provided for in sections 1311.41 to 1311.43 , inclusive, of the Revised Code, in addition to his remedies under sections 1311.38 to 1311.47 , inclusive, of the Revised Code may proceed by petition as in other cases of lien, against the owner of and all other persons interested, as lienholders or otherwise, in such a railroad, and obtain such judgment as justice and equity require. For the purposes of such suit any number of such lienholders may join as parties plaintiff by separately stating and numbering their respective claims, but if several such liens are obtained by several persons, on the same railroad, they have no priority among themselves and payment thereon shall be made pro rata.

Cite as R.C. § 1311.44

History. Effective Date: 10-01-1953