Whitesides v. Mason

Whiteside, J.,

Defendants Masons and Tegethoffs appeal from a judgment of the Franklin County Court of Common Pleas, finding plaintiff’s mechanic’s lien to be valid and ordering the enforcement of such. The remaining defendants have neither appealed nor made any appearance upon this appeal.

In support of their appeal, defendants raised four assignments of error as follows:

“I. The Trial Court erred in holding as a matter of law. that a contractor did not have to serve the affidavit required by Section 1311.04 R. C. in order to perfect his mechanic’s lien when all of his laborers have been paid…