Mertz v. Mapes-Reeve Construction Co.

The lien upon the fund due from the city having been discharged by the giving of a bond, the plaintiffs’ right to *344judgment in this action, upon a favorable determination of the issues of fact, must depend upon the power of the court to render a personal judgment against the contractor for the amount due from the latter to the plaintiffs and for which the lien was filed. I have reached the conclusion that in this action I have no power to grant a personal judgment, but, for the purposes of the record, my finding upon the facts may be stated and embodied in a brief form of decision, the failure…