Gilbert & Scott v. Marshall

Bleckley, Judge.

Affidavit to enforce a lien for lumber sold by the proprietors of a steam saw-mill alleged a demand upon the debtor for payment, and a refusal to pay, but did not fix the date of the demand or show whether it was before or after the debt *149became due. The debtor having filed an affidavit contesting the execution and the enforcement of the lien, on the ground of payment, when the case came on for hearing, the court, upon the defendant’s motion, ruled the plaintiff’s affidavit insufficient, and passed an order quashing the execution.

According to the general principles of pleading,…