Earle v. S. A. Willets & Co.

The opinion of the court was delivered by

Reed, J.

This writ brings up a judgment of the Circuit Court, entered in conformity with an advisory opinion of the Supreme Court. The opinion is sent up in conformity with section 249 of the Practice act, and error is assigned upon the first resolution contained in that opinion.

The question involved arises in this way: Mrs. Earle, the plaintiff in error, was made defendant, as owner, in an action upon a ' mechanics’ lien brought by Willets & Company. Willets & Company had furnished material for the erection of a building upon the land of Mrs. Earle.…