
    More and another v. Ruggles, Survivor, &c.
    If the proceedings of a material-manare insufficient for the purpose of enforcing a lien under the statute, that is no reason why he may not take a personal judgment, if he establishes his right to one.
    
      May 15.
    EBEOR to tbe Circuit Court for Winnebago County.
    Buggies, as surviving partner &c., sued out a summons against the plaintiffs in error, in April, 1852, for breach of covenant, damages $800. He also filed a petition claiming a lien for that sum upon tbe saw-mill of tbe plaintiffs in error. On tbe 12tb of April, 1854, a declaration was filed in tbe action of covenant, and on tbe same day a default was entered, and an interlocutory judgment. October 17, 1854, a writ of inquiry was issued to tbe sheriff, who returned an inquisition, in which tbe plaintiff’s damages were assessed at $600, and a personal judgment was rendered against tbe defendants below for that sum, and costs.
    
      Freeman ds Wheeler, for plaintiffs in error,
    urged, among other things, that tbe petition for tbe lien did not contain a sufficient description of tbe premises; that tbe declaration showed that tbe indebtedness accrued more than a year before tbe commencement of tbe suit, &c.
    
      F. 8. Bragg, for defendant in error.
   By the Court,

Paine, J.

The only objections urged, go to tbe sufficiency of the proceedings for the purpose of enforcing a lien. But as no judgment was rendered for a lien, we do not see bow those objections are material. The fact of such insufficiency is no reason why tbe plaintiff may not take a personal judgment, if be establishes tbe right to one.

The judgment is affirmed, with costs.  