Herbert Bros. v. McCarthy Company of Virginia-Maryland

This case involves the interplay between Code § 43-22, one of the mechanics’ lien statutes, and Rule 1:10, one of the Rules of this court. Section 43-22 provides that a mechanic’s lien may be enforced by a bill in equity with which there shall be filed an itemized statement of account, “the correctness of which account shall be verified by the affidavit of [the complainant], or his agent.” In pertinent part, Rule 1:10 provides:

“If a statute requires a pleading ... to be accompanied by an affidavit, and it is not . . . objection on [this] ground must be made within seven days after the…