Powers v. Badger Lumber Co.

*688The opinion of the court was delivered by

Porter, J.:

The Badger Lumber Company brought suit to foreclose a subcontractor’s lien for material furnished in the erection of a dwelling-house at Herring-ton, belonging to Ira F. Powers. The petition failed to allege that a notice of the filing of the lien was served upon the owner. Issues were joined, and when the case was reached for trial, which was more than one year after the filing of the lien, plaintiff asked, and over defendant’s objections was granted, leave to amend the petition. The amendment was made instanter and alleged service upon the…