Barry v. Barry

This is an action by Bernard D. Barry, Rita Barry, and Mary C. Barry, plaintiffs and appellees, against Albert C. Barry, defendant and appellant, to foreclose a mechanic’s *1068lien. The district court on a trial of the case found that the plaintiffs had a valid lien for a part of the amount claimed and decreed foreclosure accordingly. A motion for new trial was filed by the defendant. This motion was overruled. From the decree and the order overruling the motion for a. new trial the defendant has taken this appeal.

The petition on which the decree was based set forth that the defendant was at the…