Linder v. Smith

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