Colberg v. Sebastian

Dowell, J. —

Appellee, contractor and materialman, brought suit against appellant, owner, for enforcement of mechanic’s lien against real estate and for foreclosure. Appellee’s complaint was in two paragraphs, to which appellant filed no answer or cross-action; The parties having gone to trial without the issues having been closed the complaint will be deemed to have been controverted by a denial under the rules of pleading prevailing at the time (1938). The trial resulted in a judgment in favor of appellee in the amount of $750.00 together with attorney’s fee in the amount of $100.00 and’a…