Surber v. Kittenger

*241The opinion of the court was delivered by

Scott, J.

This action was brought to foreclose a mechanic’s lien to recover the sum of §¡2,855. The claim arose upon a contract for driving piles upon tide lands, and a lien was sought to be- enforced against a wharf erected thereon. The complaint prayed for a personal judgment against the defendants, and also that the amount be decreed a lien upon the structure in question. Judgment by default was entered against certain of the defendants for the amount claimed. Frank Burns, the respondent, appeared and filed an answer. When the case was called for…