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GILLESPIE v. HYNES

No. 34503.

95 N.W.2d 457 (1959)

168 Neb. 49

Clarence GILLESPIE, Appellee, v. Michael HYNES, Appellant, Impleaded with Henrietta Hynes et al., Appellees.

Supreme Court of Nebraska.

March 6, 1959.

Attorney(s) appearing for the Case

McCarthy & Kneifl, South Sioux City, for appellant.

Leamer & Graham, Norris G. Leamer, South Sioux City, for appellee Gillespie.

Cecil W. Orton, South Sioux City, for appellee Hynes.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE and BOSLAUGH, JJ.

CARTER, Justice.

The plaintiff brought this action to foreclose a mechanic's lien on Lot 19 and the east 8 feet of Lot 18, Block 32, Joy Place, an addition to South Sioux City, Nebraska, in the amount of $745. The trial court found that no lien existed and entered a personal judgment against the defendants Michael Hynes and Henrietta Hynes for $848.05 with interest and costs. The defendant Michael Hynes appealed.

The evidence shows that plaintiff was engaged...

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