Geppelt v. Middle West Stone Co.

The opinion of the court was delivered by

Mason, J.:

In litigation over the enforcement of mechanic’s liens an appeal was taken to this court, which resulted in a final disposition of the controversy except as to one issue, upon which a new trial was ordered. That issue was whether two stone crushers had ever been actually attached to the realty. (Geppelt v. Stone Co., 90 Kan. 539, 135 Pac. 573.) Upon the new trial the district court decided that they had been so attached and gave judgment accordingly. This decision is now appealed from.

The case must be determined by the legal effect of these…