State, Ex Rel. v. Mereell, Dir.

The relator strenuously maintains that the court should not have granted the motions to make new parties defendant, and files a demurrer to each of the answers and cross-petitions so filed by such new parties defendant.

The answers and cross-petitions of the contractor and the surety who contest the relator’s right to his claimed lien and those of- other lien claimants, are properly filed. Sections 11255 and 12295, General Code.

With these pleadings before us what appeared upon demurrer to the petition to be an uncontested claim,.attacked upon the ground against which this court held unanim…