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1 Mont. 474

Riale v. Roush

Montana Supreme Court

Decided August 15, 1872

Montana Supreme Court · decided 1872-08-15

The facts in this case are the same as those in the case of MocTion v. Sullivan, ante, 470, and the same decision was made by the court.

Decided 1872-08-15

Murphy, J.

¶1This is an action to foreclose a mechanic’s lien.

¶2There was a personal judgment in the court below, and execution thereon awarded, and the defendants appealed.

¶3Upon 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.

¶4Judgment affirmed in part and reversed in part.

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