Burns v. La Fountaine

This is a suit to foreclose a lien upon an autotruck for labor and materials expended thereon. After issue joined on the complaint and *195answer, the case was heard before the court and at the conclusion of the plaintiff’s testimony, the defendant moved to dismiss the suit on the ground that the' complaint does not state facts sufficient to constitute a suit, in that there was no allegation either that the lien notice disclosed that the work was done in Marion County, Oregon, where the notice was filed; or that the notice was filed within 60 days after the delivery of the chattel to the owner…