Howell Bros. v. Campbell
Howell Bros. v. Campbell
Opinion of the Court
The opinion of the court was delivered by
This was an action by Howell Brothers to recover a judgment against S. B. Campbell, for the value of lumber and building material sold to him for the construction of a building, and to declare a lien upon the premises whereon the building stood. It was alleged that after the material had been furnished, and the building erected, Campbell sold the same to C. A. Lewis and Moses Lewis, who were made defendants, and who agreed to pay the claim of Howell Brothers for the lumber and building material with which the house had been constructed. Several parties were made defendants, but the only one who appeared and answered was Moses Lewis. Two of the defendants filed disclaimers, but it does not appear thatS. B. Campbell; M. A. Lewis, and C. A. Lewis, who were in default, were served with summons or properly brought into the case. The cause was then tried upon the petition of the plaintiffs and the answer of the defendant Moses Lewis, who alleged and contended that there was no liability against him and in favor of the plaintiffs. Judgment was given i'n his favor and against the plaintiffs.
It is now contended that the plaintiffs were entitled to a personal judgment against the Campbells and C. A. Lewis, who
The judgment of the district court will be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.