
    No. 15,769.
    Linder v. Smith.
    
      Pleading. — Complaint.—If the plaintiff is entitled to any substantial relief, on the facts stated in his complaint, a demurrer thereto should he overruled.
    From the Madison Circuit Court.
    
      W. A. Kittinger and L. M. Schwinn, for appellant.
    
      J. W. Lovett and, S. M. Keltner, for appellee.
   Coffey, J.

This was an action in the Madison Circuit Court to recover a personal judgment for material furnished and work and labor done and performed in the construction of a cistern.

Filed April 8, 1892.

Coupled with the allegations necessary to the recovery of a personal judgment were allegations seeking to foreclose a mechanic’s lien.

The court overruled a demurrer to the complaint, and this ruling is the only one discussed by counsel in their briefs.

The court did not err in this ruling.

Independent of the right to a mechanic’s lien the complaint was good as an action for a personal judgment. If a plaintiff is entitled to any substantial relief on the facts stated in his complaint, a demurrer thereto should be overruled. Howe v. Dibble, 45 Ind. 120.

Judgment affirmed.  