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RIVERSIDE LUMBER CO. v. HAMPTON et al.

COMEGYS, C. J.

Scire facias on a mechanic's lien by the Riverside Lumber Company against Thomas S. Hampton, contractor, and John F. Ruth, owner.

Charles B. Lore and Harry Emmons, for plaintiff.

Johnson & Hayes, for defendants.

COMEGYS, C. J., charged the jury: That the materials furnished for the fence were not covered by the claim as filed in the case, which was for materials furnished for the three brick houses specified in it,—a fence being a structure within the meaning of the statute, but not a brick house, or any part of it unless so stated in the claim.

Verdict for the plaintiff.

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Riverside Lumber Co. v. Hampton
(May 26, 1887)