Legal Opinion

Home Brewing Co. v. Johnson

Indiana Court of Appeals

Decided January 14, 1908No. 6,168PublishedCited by 3 opinions

From Superior Court of Marion County (68,470); J.ames M. Leathers, Judge. Suit by William H. Johnson and another against the Home Brewing Company. From a decree for plaintiffs, defendant appeals.

1Opinion of the CourtRoby, C. J.

1. Suit by appellees for the foreclosure of a mechanic’s lien. It is assigned that the court erred in overruling appellant’s demurrer to the complaint and in overruling its motion for a new trial. The complaint is not subject to the objections urged against it. It contains an averment that notice of intention was filed within sixty days after the materials named were furnished, and the bill of particulars accords with this allegation. It is also averred with sufficient precision that the materials were furnished for use in the building upon which a lien is claimed.

2. The appellant owned the…

2Cases cited4 opinions

  1. Migatz v. StieglitzIndiana Supreme Court · 1906
  2. Jarrell v. BrubakerIndiana Supreme Court · 1898
  3. Siegmund v. Kellogg-Mackay-Cameron Co.Indiana Court of Appeals · 1906
  4. Williams v. ManleyIndiana Court of Appeals · 1904

3Cited by3 opinions

  1. Smith v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Court of Appeals · 1917
  2. National Surety Co. v. PriceCourt of Appeals of Kentucky · 1915
  3. Krieg v. Palmer National BankIndiana Court of Appeals · 1916

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