This suit was instituted by virtue of the provisions of “An act amendatory of the mechanic’s lien law,” approved April 5th, 1869. The law was complied with in the giving of the notice required.

We think it may be fairly inferred, from the evidence, that the owner of the building had funds in his hands belonging to the contractor at the time of the notice. His liability follows, as a matter of law.

The judgment is affirmed.

Judgment affirmed.