Bellington v. Bryant

Whether or not, under section 3366, subsection 6, of the Civil Code of 1910, which provides that in order to arrest the proceedings and form an issue upon a foreclosure of a laborer’s lien the defendant in execution “may file his affidavit of the fact, . , whfqh *772affidavit shall form an issue to be returned to the court and tried as other causes,” the affidavit must be filed with the levying officer, the affidavit nevertheless must be returned to the court out of which the execution issued. It was a sufficient return of such a counter-affidavit that it was filed with the court and the levying…