Linder v. Smith

Indiana Supreme Court

Linder v. Smith

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

CourtIndiana Supreme Court

DecidedApril 8, 1892

DocketNo. 15,769

StatusPublished

Cited by7 cases

This text of 30 N.E. 1073 (Linder v. Smith) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Linder v. Smith, 30 N.E. 1073, 131 Ind. 147, 1892 Ind. LEXIS 155 (Ind. 1892).

Pincite

Opinion

Coffey, J.

This was an action in the Madison Circuit Court to recover a personal judgment for material furnished [148]*148and 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.

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