McCarty v. Burnet

It is necessary, in an action for the enforcement of a mechanic’s lien, to file the original notice or a copy with the complaint. Busenbark v. Etchison Ditching Ass’n, 62 Ind. 314. This is the rule where the entire cause of action depends upon the validity of the lien. It must, therefore, be done in cases where the claim is by a material-man or sub-contractor who has furnished materials to, or has done work for, the original or principal contractor. It is always necessary where the sole relief sought is the foreclosure of the lien, for without the notice there is no lien to enforce.

Where a…