Gregg v. Sigurdson

MR. COMMISSIONER ROSE’

prepared the opinion for the court.

Plaintiff instituted this action to foreclose certain mechanics’ liens and named the parties to this appeal as defendants. The appellant claimed a mechanic’s lien on the property involved, and the respondent held a real estate mortgage thereon. The cause was tried by the court without a jury. At the trial the respondent objected to the introduction of appellant’s lien in evidence upon the ground that the verification thereto was made on information and belief, and not positively. Thereafter the court held that the affidavit attached to…