Linder v. Smith

30 N.E. 1073, 131 Ind. 147, 1892 Ind. LEXIS 155

Opinion

Coffey, J.

This was an action in the Madison Circuit Court to recover a personal judgment for material furnished and work and labor done and performed in the construction of a cistern.

Filed April 8, 1892.

Coupled with the allegations necessary to the recovery of a personal judgment were allegations seeking to foreclose a mechanic’s lien.

The court overruled a demurrer to the complaint, and this ruling is the only one discussed by counsel in their briefs.

The court did not err in this ruling.

Independent of the right to a mechanic’s lien the complaint was good as an action for a personal judgment. If a plaintiff is entitled to any substantial relief on the facts stated in his complaint, a demurrer thereto should be overruled. Howe v. Dibble, 45 Ind. 120.

Judgment affirmed.