Beebe v. Carter
Supreme Court of Kansas
Error from Marion District Court. Action by Carter and another against Beebe and another to foreclose a mechanic’s lien.
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Error from Marion District Court. Action by Carter and another against Beebe and another to foreclose a mechanic’s lien. Judgment was rendered for plaintiffs, and defendant Beebe brings error. 1. We insist that the law is that, where a defendant is served by publication only, and the only relief asked against him is to bar his interest in real estate on which plaintiff claims a lien, no amendment can be made or allowed to the petition, setting up a cause of action for a money judgment against the defendant so served, and no money judgment can be rendered against him in such case. See Neal v.…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
This was an action to recover for lumber and other building material, furnished by the Carters for the erection of a building in Marion upon a lot owned by W. B. Beebe, which he had contracted to sell to C. S. Mealey. It was alleged that Mealey and Beebe were indebted for the material so furnished, and a foreclosure of mechanic’s lien was asked. When the action was begun the petition set forth that the debt was due from Mealey, and further alleged that Beebe and others claimed an interest therein, which it was stated was inferior to that…
2Cited by1 opinion
- Zimmerman v. BarnesSupreme Court of Kansas · 1896