Landers Lumber & Cement Co. v. Short

Action in equity under tbe statute -to enforce a mechanics lien and to determine and to adjudge priority of liens. The trial court found for plaintiff and entered judgments to enforce its lien. It also found for plaintiff against defendant Hart, who was the contractor and rendered personal judgment against him. It found against the claims of defendants 0 ’Byrne and Proserpi on their claims for liens. Defendants Short and Proserpi appealed.

The judgment in this case will have to be reversed and the cause remanded for new trial because of what is likely an oversight in the trial of the case, or…