Garner v. Clark Bros.

An affidavit was made by Garner for the purpose of foreclosing a laborer’s lien upon the property of Clark *667Brothers. They filed a counter-affidavit. When the issue thus-made came on for trial, the defendants “ moved to dismiss the said case, on the ground that the levy of the lien by the constable did not sufficiently describe the property levied on.” To meet this motion, the plaintiff “ offered in evidence a forthcoming bond given by the defendants to the constable who made the levy, and given by virtue of said levy for the forthcoming of the said property levied upon, and by which they, the…