Interstate Lumber Co. v. Loop Building Co.

This appeal is from a judgment in favor of plaintiff (hereinafter called the Lumber Company) and against the defendant Loop Building Company (hereinafter called the Building Company) in the sum of $1,470.85, together with interest at seven per cent per annum from the twenty-seventh day of April, 1922, and costs of suit taxed in the sum of $17.50.

The record is here on a bill of exceptions. The pleadings upon which the suit was tried were the complaint, answer, cross-complaint, and answer to the cross-complaint.

The plaintiff instituted the proceedings to foreclose mechanics’ liens upon seven houses on lots described in the pleadings and for judgment in the sum of $2,643.91, balance claimed for lumber supplied and used in the construction of said houses.

The findings indicate plaintiff to have been entitled to its lien and foreclosure thereof, but for reasons not apparent in the record the trial court denied the lien. It, however, gave personal judgment for the balance of $1,470.85, above mentioned.

On page 4 of the opening brief it is stated: “Appellant does complain, however, that although a personal judgment, unsecured by a lien, may be given in such a suit even though a…