Weber Implement & Automobile Co. v. Dubach

The opinion of the court was delivered by

Smith, J.:

This action was one brought to collect for materials furnished a road contractor. An attempt was made to subject certain money in the hands of the state highway commission to the payment of this debt. The surety company for the contractor, which had paid some bills incurred by the contractor in building the road, intervened and claimed a prior lien upon the fund. The court appointed a receiver to secure the money from the state highway commission. This money was paid to the receiver. The court held that all parties were general creditors and…