Section 44. Parties to an action in a court of record

In an action in a
  court of record to enforce a lien against  real  property  or  a  public
  improvement, the following are necessary parties defendant:
    1.  All  lienors having liens notices of which have been filed against
  the same real property or public improvement, or any part thereof, prior
  to the filing of the notice of lis pendens in such action, where by  law
  the filing of a notice of lis pendens is proper or required.
    2.  All  persons  having  subsequent liens or claims against such real
  property,  by  judgment,  mortgage  or  otherwise,  filed,  docketed  or
  recorded  prior to the filing of the notice of lis pendens, where by law
  the filing of a notice of lis pendens is proper or required.
    3. All persons appearing by the records in the office  of  the  county
  clerk  or  register  to  be  owners  of  such  real property or any part
  thereof.
    4. Where by law, a notice of lis pendens may  not  be  filed  in  such
  action,  all  lienors  having  liens  notices  of  which have been filed
  against the same real property, and all persons having subsequent  liens
  or   claims  against  such  real  property,  by  judgment,  mortgage  or
  otherwise.
    5. Every defendant who is a lienor shall, by answer in the action, set
  forth his lien, or he will be deemed to have waived the same, unless the
  lien is  admitted  in  the  complaint,  and  not  contested  by  another
  defendant.  The allegations is the answer of a defendant lienor shall be
  deemed denied by the other lienors in said action without the  necessity
  of  serving  replies.  Two or more lienors having liens notices of which
  have been filed against the same real property or public improvement, or
  any part thereof, may join as plaintiffs.
    6. The state, when the lien is one filed against funds  of  the  state
  for which the public improvement is constructed or demolished. In such a
  case,  the  summons  must  be served upon the attorney-general, who must
  appear in behalf of the people.