Alter v. Frick

Upon a petition praying for a personal judgment against all the defendants, and to ■enforce a mechanic’s lien against certain property, the •court trying this cause, sitting as a jury, found against the mechanic’s lien, but found at the same time that Ingals and another defendant were personally responsible on the account sued upon, and rendered judgment *454accordingly. Prom this judgment Ingals appeals, and assigns for error that the pleadings warrant no personal judgment against him, that his promise, if any, was a collateral promise and within the statute of frauds, and that the verdict is…