Merritt v. Pearson

This is the second appeal in this case. See Merritt v. Pearson, 58 Ind. 385. The issues have not been changed, and need not be re-stated. The action was to enforce a mechanic’s lien. The questions now presented for decision are predicated on the overruling of the appellant’s motion for a new trial. There is ah effort, however, to present questions which can not properly be made the subject of this motion.

It is claimed that the verdict is silent in reference to the right of the appellee to enforce his alleged lien; that it is *45simply a money verdict, for a sum which the jury found to be due…