Rogers v. Gerow-Calnan & Dann, Inc.

This is an appeal from an interlocutory order overruling a plea to an amended bill of complaint.

The bill of complaint was to foreclose an alleged mechanics lien on certain property. The defendant filed a plea setting up that one Hattie W. Rogers was at the time of the institution of suit, and long prior thereto, the owner of and in possession of the property against which the lien was sought to be established and that she was, therefore, a necessary party defendant; that she was not joined as a defendant and that, therefore, there was a non-joinder of parties. On being set down for argument…