Martin v. Grant

The counter-affidavit filed by the defendant to the foreclosure of the laborer’s and mechanic’s lien alleged that “all statement of facts set out in plaintiff affidavit to foreclose said alleged lien are all untrue.” It also set up a plea of payment. Complaint is made by the defendant that the trial *470judge wrongfully withdrew from the jury all issues in the case except that of payment. I am of the opinion that the exception is well taken. The filing of a counter-affidavit to the foreclosure of a lien alleging a general denial converts the proceeding into an ordinary suit, and the burden of…