Gillespie v. Hynes

The mistake of the trial court in this case was that it followed the rules of law repeatedly stated in the judicial precedents of this state. That, so holds the court, was prejudicial error.

The court holds in this case that a mechanic’s lien for foreclosure is, at its start, triable in equity; that if at the trial the plaintiff establishes a right to a lien for 1 cent or more it remains an equity action and the court has the right, in equity, to determine all issues presented in the case, including issues which standing alone would be triable at law. However, if the plaintiff fails to…