Kennedy v. Miller

The Court of Appeals certified the following question: "Miller foreclosed a laborer’s lien against Kennedy. Execution was duly issued thereon, and was levied on certain property of Kennedy, who made the proper bond and delivered it to the sheriff, who thereupon delivered to Kennedy the property levied upon. The foreclosure was made on September 21, 1932, and the case was made returnable to the October term of the superior court, which convened on October 17, 1932. On the latter date the defendant filed a demurrer and his unsworn answer to the affidavit for foreclosure. On the next day the…