Blythe v. Hammond

The record discloses no error prejudicial to appellants, as each of appellants, except Phelan, by his petition of intervention and answer, claims a mechanic’s lien only, and on the trial each failed to establish the same. Meyerback’s offer to establish on the trial before the referee an attachment lien upon the fund due from the employer to the contractor was properly rejected as no such claim was set up in his petition. Phelan’s intervention sets up a claim upon the fund due the contractor from the employer by virtue of an attachment lien, but his evidence, as found in the record, fails to…