Legal Opinion

Linder v. Smith

Indiana Supreme Court

Decided April 8, 1892No. 15,769PublishedCited by 7 opinions

From the Madison Circuit Court.

1Opinion of the CourtCoffey, J.

This was an action in the Madison Circuit Court to recover a personal judgment for material furnished *148and work and labor done and performed in the construction of a cistern.

Filed April 8, 1892.

Coupled with the allegations necessary to the recovery of a personal judgment were allegations seeking to foreclose a mechanic’s lien.

The court overruled a demurrer to the complaint, and this ruling is the only one discussed by counsel in their briefs.

The court did not err in this ruling.

Independent of the right to a mechanic’s lien the complaint was good as an action for a personal judgment. If a…

2Cases cited1 opinion

  1. Howe v. DibbleIndiana Supreme Court · 1873

3Cited by7 opinions

  1. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. LammIndiana Court of Appeals · 1916
  2. Harvey v. HandIndiana Court of Appeals · 1911
  3. Evansville & Princeton Traction Co. v. BroermannIndiana Court of Appeals · 1907
  4. Fuller v. CoxIndiana Supreme Court · 1893
  5. Sebienske v. DowneyIndiana Court of Appeals · 1911

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