Riale v. Roush

1 Mont. 474

Opinion

Murphy, J.

This is an action to foreclose a mechanic’s lien.

There was a personal judgment in the court below, and execution thereon awarded, and the defendants appealed.

Upon the authority of the decision in the case of Mochon v. Sullivan, at the present term, we hold that this cannot be done, and the decree or judgment is so modified as to make void the personal judgment, and the cause remanded.

Judgment affirmed in part and reversed in part.