McLoughlin v. King

Jackson, Judge.

The plaintiff foreclosed his lien as saw-mill owner against defendant for lumber furnished. The fi. fa. was levied, and the defendant made an affidavit of illegality. on various grounds, among them upon the ground that the affidavit of foreclosure did not set out the facts necessary in law to constitute a lien. When the case was called, the defendant moved to continue on the ground that the affidavit of foreclosure was lost; the court refused to continue for the term, but set the case down for trial on Wednesday of the next week, and required the plaintiff to have a copy of his…