Miller v. Fosdick

The appellant was the plaintiff, and the appellees, Elizabeth H. Eosdick and William M. Carr, were defendants, and the appellee Eosdick recovered judgment for costs against the appellant. No judgment was rendered either for or against the appellee Carr, who was defaulted. It was a suit to foreclose a material-man’s lien, and the correctness of the court’s conclusions of law upon the facts stated in a special finding is questioned.

It will not suffice for the enforcement of a material-man’s lien to make it appear that the materials were furnished to a contractor or to the owner and were…