Allen v. Lincoln

Opinion of the Court, by

Judd, C.J.

In this action plaintiff claims in assumpsit of the defendant, Lincoln, $4,643.38 for materials furnished and money *365advanced to liim in the erection of a dwelling house and outbuildings for the defendant, TV7. C. Peacock, at "Waikiki, and against Peacock to enforce a material man’s lien upon his said house, notice of which has been filed according to the statute.

At the August Term of the Circuit Court, First Circuit, the jury was waived. Before the case was brought on for hearing, Lincoln had become bankrupt, and Mr. P. Muhlendorf was appointed as his…