Cole v. Harvey

Plaintiff, S. D. Harvey, commenced an action to foreclose a mechanic’s lien for work performed on the property of defendant, A. R. Cole, and sought to recover $91.35. The cause was submitted to the jury upon the question of amount due and verdict was returned for the plaintiff in the sum of $40. An attorney’s fee was thereupon fixed under the law providing for such fee in foreclosure of a ,lien, judgment was entered upon the verdict, and the defendant, after motion for new trial was overruled, appealed to this court.

If is first argued that there is no competent evidence reasonably tending to…