Smith v. Chris-More, Inc.

OPINION

COOPER, Justice.

This is a discretionary appeal from an order of the Chancery Court of Williamson County overruling appellants’ motion to dismiss the complaint in this case. The issue before this court is whether the oath to a complaint filed to enforce a materialman’s lien by attachment may be made by the lienholder’s attorney.

Chris-More, Inc., appellee, alleged in its complaint that it had furnished plumbing supplies for the improvement of real property owned by the appellants, Reese L. Smith, Jr., and Howard E. Johnston, d/b/a Indian Springs, a partnership, and that the sum of…