Dougherty & Moss Lumber Co. v. Rothbaum

Action to enforce a mechanic’s lien prosecuted by a sub-contractor against the original contractor, the owner of the premises and the trustee and beneficiary in a deed of trust on the property. A jury was waived and after hearing the evidence the court rendered personal judgment for the plaintiff against the contractor in the amount claimed in the petition, less a credit of $57.45, and declared said judgment a special lien on the property described in the petition. The defendants, with the exception of the contractor, appealed.

Several objections are urged against the judgment. One of these,…