Pierce
Pierce v. Birkholm
Opinion
Lead Opinion
Belcher, J.
The plaintiff and six other parties commenced actions to foreclose mechanics’ liens for labor *659 and materials furnished and used in the construction of a building for the defendant Birkholm. The actions were consolidated, and tried together. The court below gave judgment in favor of the defendant, from which the plaintiffs have appealed, without any statement or bill of exceptions.
At the trial of the cause no evidence, other than documentary, was introduced by either party, and the case was submitted upon the following admissions: It was admitted that all the allegations contained in the complaints were true as therein alleged, save and except the allegation that the contract between Willis and Birkholm was not filed for record, nor any memorandum thereof, before the commencement of work upon the building, and also save and except the allegations regarding attorneys’ fees.
The court found the facts to be as follows:
And as conclusions of law the court found “that the liens of the plaintiffs, and each of them, were not filed within the time required by law, and also that the plaintiffs are entitled to take nothing as against the defendant Birkholm, and that said defendant…