Austin & Northwestern R. R. v. Rucker

Opinion by

Stayton, J.

The judgment rendered cannot be construed as a judgment in *232personam, against the appellant, without doing so upon some other ground than a fair construction of the language in which it is written. The statute regulating the enforcement of liens given to mechanics, laborers and operatives upon railroads, to secure the payment of their wages, does not declare who shall be made defendants in suits brought to foreclose such liens. It is claimed in this cause that the contractor, and sub-contractor, under contract with whom the labor was performed were necessary pariies to the…