Mabry v. Judkins

Crawford, Justice.

This case originated in a justice’s court, on a rule against the constable for the distribution of money in his hands raised from the sale of the property of John Mabry. There were several contestants for the fund, and among them the plaintiff in error, who claimed a priority over the rest upon the ground that her fi. fa. was founded upon a laborer’s lien, and therefore entitled to the money. The questions of law and fact were -submitted to the judge, who held that the affidavit of Georgia Mabry was fatally defective, because it was not alleged with sufficient certainty that…