Russell v. Hayner

(after making the foregoing statement). Did the court err in sustaining the demurrer and in entering judgment against the appellants?

The act relating to mechanics’ liens should be liberally construed. The evident spirit and purpose of the act is *275to do substantial justice to all parties who may he affected by its provisions, and the courts should avoid unfriendly strictness and mere technicality. Springer Land Ass’n v. Ford, 168 U.S. 513, 18 S.Ct. 170, 42 L.Ed. 562; Salt Lake H. Co. v. Chainman M. & E. Co. (C.C.) 128 F. 509; Hooven v. Featherstone’s Sons, 111 F. 81, 91, 49 C.C.A. 229. But in…