O'Hern v. Gouldy

On Motion to Dismiss.

Ludeling, C. J.

In January, 1868, W. O’Hern employed A. B'. Gouldy to erect a frame house for him. Gouldy commenced the building and worked until the second installment was paid when he abandoned *372the work. O’Hern, having put him in default, completed the building. 'O’Hern then deposited in court $527, which he alleged was the balance ■due on the contract with Gouldy, and he cited the parties, who claimed liens under the law granting a privilege to mechanics, to enable them to establish their claims and receive their pro rata of the amount deposited. The parties cited…