Cooney v. Foote

Foote brought suit against Cooney in a justice’s court, to recover $36, a balance alleged to be due him upon an account, and sought, in the same action, to foreclose a materialman’s lien upon real estate. The summons described the suit as “an action of debt due upon an account and to establish a lien on real *456estate,” and a copy of the account was attached to the summons. Prior to the' establishment of the municipal court of Atlanta a judgment had been rendered in the case and an appeal taken to a jury, and in this state of tlie' record the case came on for trial before a jury in the municipal…