Black v. Rogers

Suit by the appellant against the appellees, husband and wife, to enforce a mechanic’s lien for work done and materials furnished in the erection of a house on the separate property of the wife. Answer of general denial, and payment. Reply in denial of the payment. ■ Trial by jury,- verdict for plaintiff, motion for new trial overruled. *421Motion in arrest of judgment by the wife sustained, and judgment in her favor, and against the husband. Appeal by the plaintiff.

The reasons, in writing, for the arrest of judgment are: first, there are no averments in the pleadings of a contract by the said…