Claim for relief, see HRCP rule 8(a).

Consolidation, joinder of parties, interpleader, intervention, etc., see HRCP rules 20, 22, 24, 42(a).

Execution, see HRCP rule 69.

District court. 24 H. 74.

Owner of property necessary party defendant and special execution may issue against the property even though judgment cannot be entered against the owner personally. 12 H. 352. "Owner" includes equitable owner. 30 H. 882. See also, 22 H. 765 "owner" discussed.

A "demand" is a condition precedent to commencing of proceedings for enforcement of lien. 23 H. 744; 24 H. 39, 181, 191; 25 H. 214, 217; 32 H. 831, 913. Such demand must be alleged and proved. 23 H. 744; 24 H. 39; 25 H. 214. Failure to allege "demand" does not dispense with necessity of proving it and failure to do so may be taken advantage of by non-suit. 24 H. 39. Commencement of prior similar action, subsequently dismissed in which summons and a copy of the petition were served upon the owner, does not constitute a "demand". 32 H. 831. Premature demand. 25 H. 347. Demand may be waived. 38 H. 372, 381.

Any matter that would constitute a good defense to an action of assumpsit on the account which is the basis of the lien. 25 H. 347. If the account was not due when the foreclosure suit was commenced, there can be no recovery. 25 H. 347. Voluntary conveyance of the lot by owner to wife through intermediary for purpose of defeating rights of materialmen is void and it is not necessary to secure the cancellation of such deed in equity in order to enforce the lien. 23 H. 21. See 24 H. 74, 79.

Power to vacate judgment. 32 H. 15. Consolidation of proceedings--judge having discretion to consolidate, mandamus is not proper remedy even though there has been an erroneous exercise of discretion. 42 H. 141. Judgment against surety on contractor's bond without foreclosure of lien, improper when. 49 H. 578, 426 P.2d 298.

On failure to serve party necessary to foreclosure, action will be viewed as one in assumpsit. 48 H. 306, 402 P.2d 440.

Third party beneficiary claims not within scope of this section. 49 H. 578, 426 P.2d 298.

Attorney's fees. 48 H. 306, 402 P.2d 440. Attorney's fee, scope of section in providing for. 49 H. 578, 426 P.2d 298. Section does not authorize award of attorneys' fees generated in arbitration proceedings or in obtaining a judgment confirming arbitrator's award. 5 H. App. 315, 690 P.2d 1310.

Cited: 12 H. 356, 357; 20 H. 180.