Tell v. Woodruff

The plaintiff brought this action to foreclose a mechanic’s lien, making the appellant, who also claimed a lien on the same premises, one of the defendants. This claim for a lien the appellant alleged in his answer. The court below refused to adjudge the amount found to be the value of appellant’s materials a lien on the property, but awarded him a simple judgment therefor. Although the counsel for the respondent argues several questions in his brief, *11we are of the opinion that there is but onewhich requires special notice. From the facts found, over which there was no controversy, it appears…