Foster v. Prince

The action was brought to enforce a ni&te-rialman’s lien. Code, § 8832 et seq.

Defendant pleaded the general issue in short, etc.

On the trial the verdict of the jury was; ‘We, the jury, find the issue in favor of the plaintiff and assess the damages at the sum of $162.83.” It was silent as to the lien. Thereupon the court rendered a personal judgment against defendant for the debt as per the verdict.

This was in November, 1930. In May following the plaintiff filed a motion to amend the judgment nunc pro tunc “according to the evidence had at the hearing of said cause,” so as to declare a lien…