Tyer v. Cole

Opinion by

LOGSDON, C.-

Defendant presents his argument for reversal of the judgment under three propositions, as follows:

“(1) Is the default judgment rendered against the; Michorn Oil Company conclusive against this defendant as to the correctness of the amount claimed by plaintiff?

“ (2) That plaintiff’s original action against tlie oil company, being to establish and foreclose a mechanic’s lien, an exhaustion of the assets of that company impressed wich the lien is a prerequisite to plaintiff’s right to maintain the instant action.

“ (3) That there is no legal authority for including in the…