Lecoutour v. Peters

— The plaintiff appeals from a judgment, quashing his execution in a mechanic’s lien suit upon motion of the defendant owner. The suit was instituted before a justice of the peace, where the plaintiff recovered judgment against both the contractor and owner, neither of whom were personally-served or appeared at the trial. The plaintiff thereupon caused a transcript of the judgment to be filed in the clerk’s office of the circuit court, under the pro*450visions of section 6165 of the Revised Statutes of 1889, and caused an execution to be issued thereon. The defendant owner appeared in the circuit…