Scheibner v. Cohnen

We agree with the court below that this case does not fall within the principle of Gibbs v. Hanchette, 90 Mich. 657. That case was distinguished in Lamont v. Le Fevre, 96 Mich. 175. In speaking of the Gibbs Case, it was there said:

“The case of Gibbs v. Hanchette carefully distinguishes between such cases and those where, through an honest mistake, too much has been claimed in the statement of lien, or, by reason of a failure of proof, the claimant was denied the entire amount claimed.”

It is evident to us, from the claimant’s testimony, that, in stating the amount of his claim, he was honestly…