McCarthy v. Neu

This was a petition under the statute, to enforce a mechanic’s lien against the property described in the petition. Incidentally to the principal relief sought, it was alleged the building contract had been left by the parties with the architects, and that defendants had taken it away, and refused to allow petitioners to see or use it; that it was necessary, to maintain this proceeding as well as a common law suit between the parties, that it should be produced, and the petition contained a prayer that defendants be compelled to produce the contract.

Defendants filed an answer, in which they…