Baldwin v. Shields

The suit, as amended, was for the foreclosure of an .alleged materialman’s lien, to collect the price of certain material furnished to a contractor for the improvement of real estate. As amended, the petition did not seek to recover a personal judgment against either the contractor or the owner of the land. The contractor was not a party to the suit; nor was it alleged that the plaintiff had procured a judgment against the contractor. It was essential to the cause of action that a valid judgment against the contractor should previously have been obtained, or that he be proceeded against in…