Needle v. A. F. Kisinger & Associates, Inc.

KANNER, Judge.

A motion of the defendants for decree on bill and answer was set down and heard by the chancellor, who denied the motion, declining to consider it on the merits but rather setting the cause down for the taking of testimony. The ruling thus entered has prompted this interlocutory appeal.

This is an equity suit to establish and enforce an alleged mechanic’s lien for surveying services, to which the defendants counterclaimed, alleging breach of contract by the plaintiff and seeking recovery of damages.

The case became at issue on March 13, 1959. During the sixty day period which…