Sutherin v. Chesney

The opinion of the court was delivered by

Burch, J.:

On April 14, 1909, Sutherin and Company filed a petition to foreclose a mechanic’s lien, making Lela Diehl Chesney, the owner of the property, and her husband, F. 0. Chesney, defendants. No sum*123mons was issued for these defendants, who were nonresidents of the state, and no attempt was made to serve them by publication, but on June 3, 1909, they entered their voluntary appearance. When the petition was filed ¡a number of lien claimants were made parties defendant. These defendants answered and filed cross-petitions setting up their liens…