Barnett's v. Clooney

OPINION ON MOTION POE EEHEAEING.

Rombateb, P. J.

validity of second lien.

The defendant claims that as the suit was instituted on the second mechanic’s lien filed, he was entitled to have the plaintiff nonsuited, provided the first lien filed was a good and valid lien, because in that event the second lien was a nullity and would not support a motion. While this seems to have been the rule in this state once, the later decisions as pointed out in the opinion have established a more equitable rule. Under these deei- . . sions the second hen is not a nullity, if the first lien filed was in any way…