#### Joseph Dux v. Marion D. Rumsey et al. James A. Miller. & Brother, Appellants, v. Marion D. Rumsey et al., Appellees.

Gen. No. 5,928.

(Not to he reported in full.)

Appeal from the Circuit Court of Lake county; the Hon. Charles Whitney, Judge, presiding. Heard in this court at the April term, 1914.

Affirmed.

Opinion filed October 13, 1914.

Statement of the Case.

This case is substantially the same as Dux v. Rumsey, ante, p. 234. Appellants were subcontractors and *238filed an amended answer in the nature of a cross-bill in the same proceeding. The decision filed in the above mentioned case held controlling.

Whitney, J., took no part in this decision.

Silber, Isaacs, Silber & Woley, for appellants; James D. Woley, of counsel.

Sheriff, Dent, Dobyns & Freeman and Sam S. Holmes, for appellees.

Mr. Justice Dibell

delivered the opinion of the court.