Roberts v. Miller

Pub CubiaM:

Complainants filed their petition in the circuit court of Wayne county, in chancery, under and in accordance with the provisions of § 6794 of the Compiled Laws, for the enforcement of a lien claimed by them in the erection of a building for defendant.

No answer was put in by the defendant, the court ruling that an answer was not necessary, and the parties proceeded to a hearing upon the petition.

We think an answer should have been put in by the defendant, so that an issue might have been properly formed. The statute (§ 6794) clearly contemplates that an answer shall be put in.

*290A…