Deatherage Lumber Co. v. Miles

Citations

• 85 Kan. 363
• 116 P. 505
• 1911 Kan. LEXIS 75

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Mechanic’s Lien — Foreclosure—Wrongful Dismissal — Indemnity Bond — Parties. An action was commenced against the owner of a lot, and a mortgagee thereof, to foreclose a mechanic’s lien. The mortgagee answered setting up a bond alleged to have been given by the owner to protect against liens, as provided by statute. A reply was filed alleging the insufficiency of the bond. A grantee of the owner who is not a party to the action then filed a motion to dismiss the action, which was sustained without a trial of the issue made upon the pleadings. It is held that the dismissal was erroneous; that upon the claim that the) bond and a suit alleged to have been brought thereon were defenses to the action, the person entitled to the benefit thereof should have been made a party and pleaded such defenses.</p>