Cherry v. Strong

Lumpkin, Justice.. An affidavit was made by Cherry for the purpose of foreclosing an alleged special lien in his favor as a laborer, against Strong, “agent for Mrs. A. A. Strong.” An issue was formed, and at the trial the defendant moved to dismiss the plaintiff’s case, upon the ground that the facts set forth in his affidavit showed that he was a partner of the defendant, and not a mere laborer. This motion was sustained, and the plaintiff" excepted.

The material portions of the affidavit were, in substance, as follows: On the 28th of October, 1892, Cherry, the deponent, contracted with…