Dusenbery

Nine actions for the foreclosure of certain mechanics’ liens, of which one was by the appellant, were commenced in the superior court, and by the order of the court consolidated and thereafter tried. The plaintiffs in the several actions were materialmen, and claimed liens upon certain buildings of the defendants Dusenbery and Stencel for materials which had been furnished by them to one Green, by whom the building had been constructed under a contract therefor with Dusenbery and Stencel. The defendant Green was a defendant in the several actions, but his default for want of appearance was entered in the action brought by the appellant. A nonsuit was granted against the appellant in behalf of the defendants Dusenbery and Stencel. Findings of fact were thereafter made, and judgment rendered in favor of the other claimants, from which this appeal has been taken upon the judgment-roll without any bill of exceptions.

It is recited in the findings that “ the defendants Dusenbery and Stencel at the close of the evidence introduced in support of the claim of lien of plaintiff, Kennedy & Shaw Lumber Company, moved for a non-suit against said plaintiff, which motion was granted.” No…