Weinman v. Womack

1. While there can be no valid judgment of foreclosure of a materialman’s lien for material furnished to a contractor upon the real estate improved with it, in the absence of a valid judgment ' in favor of the materialman against the contractor for the price of the material, and while in such a foreclosure suit, where the contractor is not a party, unless the petition alleges that the plaintiff has a judgment against the contractor, it should be dismissed on general demurrer (Baldwin v. Shields, 134 Ga. 221, 67 S. E. 798; Holmes v. Venable, ante, 431, 109 S. E. 175), yet where, as here, an…