Wibbing v. Powers

This was a proceeding by scire facias to enforce a mechanic’s lien under the 8th section of the “ act for securing liens to mechanics and others.” (R. 0.1845, p. 733.) Before issuing the scire facias there had been no judgment against the contractor for the labor and materials furnished. On motion *600of the plaintiff, the cause was dismissed as to the defendant Eckert, the contractor, and a judgment was taken against Powers only, the owner of the building.

It is clear that this proceeding can not be sustained. As the plaintiff discontinued as to the debtor, there was no party to the record who…