58 Ind. App. 615 | Ind. Ct. App. | 1915
This appeal was from judgments rendered in three actions begun separately by the different appellees, afterwards consolidated, to foreclose mechanics’ liens on certain real estate of appellant. Appellee Anderson claimed a lien' as contractor, the other appellees claimed liens for labor and materials furnished. The issues arose as to appellee Anderson on his complaint, answer in general denial, counterclaim and cross-complaint of appellant, and appellee Anderson’s answer in denial of the cross-complaint, and as to the other appellees on their complaints and answers in general denial thereto. Many errors are assigned, among which are the overruling of appellant’s motion for new trial, and overruling exceptions to the conclusions of law on the facts found.
The judgment is reversed and the cause remanded for new trial.
Note.—Reported in 108 N. E. 757. See, also, under (1) 2 Cyc. 1024 ; 2 Cyc. 1913 Anno. 1024 new; (2) 38 Cyc. 1985; (3, 4) 38 Cyc. 1964; (5) 31 Cyc. 452.