Benham v. Banker-Edwards Building Co.

The plaintiffs in error prosecute this writ from a judgment of mechanic’s lien rendered against property, of which they are mortgagees. There *35is no bill of exceptions in the record; hence, as- the judgment was one by default, the writ brings up for review only the sufficiency of the petition and judgment entry. The sufficiency of the judgment entry is not challenged, but the sufficiency of the petition is; and, as this may be done in this state for the first time on appeal or error, we are bound to pass on the objections made.

The plaintiffs in error claim that it appears conclusively from the…