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127 Ind. 559

Wiley v. Coovert

Indiana Supreme Court

Decided April 4, 1891

Indiana Supreme Court · decided 1891-04-04

<p>Appeal. — Errors Not Affecting Appellant Unavailable.— Mechanic’s Lien.— Where a judgment foreclosing a mechanic’s lien is rendered against two persons and only one appeals, an objection by such appellant that his co-party had no interest in the property is not available for a reversal of the judgment.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1891-04-04

How this case has been cited

Cited by 5 later decisions — most recently October 1978

5 state decisions

20189119001910192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Elliott, J.

¶1The appellee brought this suit to foreclose a mechanic’s lien, and the appellant was made a party to the suit to answer as to his interest in the property. The notice was directed against Maggert, and a decree was entered foreclosing the lien. The appellant, Wiley, alone appeals, for Maggert does not join in the appeal.

*560Filed April 4, 1891.

¶2It is suggested, rather than asserted by appellant’s counsel, that as there is no evidence that Maggert was the owner this suit must fail. We think that the appellant can not successfully make that point. The appellant has a right to avail himself of all material errors that affect him, but he can not avail himself of errors affecting another party. It is not shown that he was in any wise affected by the alleged failure to prove Maggert’s ownership.

¶3Judgment affirmed.

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