Overholser v. Clifton
Overholser v. Clifton
Opinion of the Court
— The complaint, the notice of mechanic’s lien, and the finding of facts by the trial court show that appellees were subcontractors, and appellant Luther O. Miller the contractor, in the construction of the building upon which appellees were adjudged to have and hold a mechanic’s lien. The court made and filed a special finding of facts and stated conclusions of law thereon in favor of appellees, for personal judgment against appellant Miller, and for judgment of foreclosure of the mechanic’s lien against the property of all of the appellants. A separate motion for a new trial was filed by appellant Miller, and
Appellant Miller has assigned as error each conclusion of law stated by the trial court and the overruling of his motion for a new trial. Joint errors are assigned by the trustees, and they have presented error of the court in overruling their demurrer to the complaint, error in the first conclusion of law and in overruling their motion for a new trial.
The evidence is not before us, and no question is presented by the briefs as to the correctness of the personal judgment against appellant Miller.
Therefore, the'personal judgment against appellant Miller is affirmed, and the decree foreclosing the mechanic’s lien is reversed, with instructions to the lower court to sustain the demurrer of appellant trustees to the complaint.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.