Fary v. Aquino

By this writ of error Albert L. Fary, Jr. (Fary). an attorney, challenges the trial court’s action in sustaining demurrers filed to his amended motion for judgment 1 by John F. Aquino (Aquino) and the City of Portsmouth (the City).

In sustaining the demurrers to Fary’s action to enforce his lien for attorney’s fees, the trial court, in its letter opinion, treated the following facts as well pleaded in the amended motion:

“The Sherrill Construction Corporation, owned by Fred B. Sherrill, entered into a contract with the City of Portsmouth to perform certain work for the City in the project known…