Hill v. Meyer

The plaintiffs filed their petition to enforce a mechanic’s lien for lumber furnished to build a house upon the separate property of Catharine, the wife of Charles Meyer. They declare upon the account for the lumber, filing an itemized copy with the petition, but state that she closed the account by a note for the amount, i; herewith filed,” given by her husband as agent. The note was not filed, and defendant’s attorney filed a motion for an order to file the note, but did not answer; and the case being continued *586some six months, a default was taken, tke plaintiffs at the same time filing the…