Spirides v. Victory Lumber Co. Inc.

In special ground one the defendant states: “The Court erred in charging the jury as follows: ‘Plaintiff brings this action and prays for a general judgment against said defendants for the amount due as aforesaid and for a special judgment establishing a lien on said real estate, and prays that process issue, requiring defendants to be and appear at the next term of this court to answer this complaint.’ Movant avers that said instruction was erroneous and injurious to him because same was contrary to law inasmuch as only a special judgment in rem can be had in this action against this movant.”