Holmes v. Dolese Bros. Co.

Opinion by

LOGSDON, C.

1'his was a proceeding to enforce a mattrialman’s lien. It is a special statutory proceeding, and -the remedy sought to be applied is equitable in character. No money judgment was sought to be recovered against Isaac Holmes and Carrie Holmes, and in fact none could be recovered under the provisions of the statute. Union Bond & Investment Co. v. Bernstein, 40 Okla. 527, 131) Pac. 974; Bryan v. Orient Lumber & Coal Co., 55 Okla. 370, 150 Pac. 897. Plaintiff’s lien statement was filed under the provisions of Comp. Stat. 1921, sections 7461 and 7462, and was based upon an…