MacOmber v. Hays

— Plaintiff brought this action to foreclose a lien for labor. The defendants, answering, alleged that the plaintiff was a co-partner in the doing of the work with one W. T. Harris, in whose name the contract was let, and that Harris had been fully paid under the contract. Upon a trial the court found the co-partnership existed, that the amount of the contract had been fully paid, and entered judgment for the defendants. This appeal followed.

Two errors are assigned. The first is that the court erred in striking certain affidavits filed in support of a motion for a new trial. The motion was…