Minnich v. Darling

It affirmatively appears that the judgment rendered by the trial court was based upon the first paragraph of the appellee’s complaint. It is the ordinary action to recover judgment and to foreclose a material-man’s lien for materials furnished to the owner of real estate for the construction of a dwelling house thereon.

The appellant filed an answer in denial, and it was agreed of record that all defenses might be given under this answer.

The court made a special finding of facts, and stated conclusions of law. They are substantially as follows:

“First. That, on the 18th day of February, A. D.…