O'Leary v. Burns
Mississippi Supreme Court
Error to the Circuit Court of Hinds County. Hon. George F. Brown, Judge. On 2d April, 1874, Samuel Burns filed this petition under the statute, to enforce a mechanic’s lien against a certain brick building described in said petition, and the* lot on which the building stands.
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Error to the Circuit Court of Hinds County. Hon. George F. Brown, Judge. On 2d April, 1874, Samuel Burns filed this petition under the statute, to enforce a mechanic’s lien against a certain brick building described in said petition, and the* lot on which the building stands. Patrick O’Leary, the owner of said lot, was alone made defendant to this petition, and the lien was claimed therein for a large quantity of brick furnished by the petitioner and put into said building, the brick being bought by O’Leary from time to time on open account, and the last lot bought on the 8th October, 1873,…
1Opinion of the CourtSimrall, C. J.
The plaintiff was an incompetent witness. His testimony-tended to establish a demand for $250 against the estate of Patrick O’Leary, deceased. The distinction taken by his honor, the circuit judge, between the competency of a witness to prove his claim to a mechanic’s lien and his incompetency to prove the same claim in a personal action, is without foundation.
If there is not other evidence sufficient to support the finding of the judge (to whom the case was submitted), then, for the error in receiving the testimony of the plaintiff, the judgment must be reversed.
We think there is such…
2Cases cited1 opinion
- Dinkins v. BowersMississippi Supreme Court · 1873
3Cited by5 opinions
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