Rosebud Lumber & Coal Co. v. Holms

The plaintiff, Rosebud Lumber and Coal Company, a corporation, brought this action against Frank P. Holms and Louise Holms, his wife; Roy Knight and - Knight, his wife, first and real name unknown; and Guarantee Mutual Life Company, a corporation, defendants, in the district court for Cheyenne County to foreclose a mechanic’s lien. There was no service of process upon the defendants Knight.

At the conclusion of the» plaintiff’s evidence the defendants moved the court to dismiss the plaintiff’s petition. The court sustained this motion and dismissed the plaintiff’s petition and the…