Newman v. Cash

1. Where an attempt is made to foreclose a laborer’s lien, a demand must be alleged, and where on the trial of a counter-affidavit to such foreclosure the evidence shows that no such demand was made, a judgment o'f the trial court finding in favor of the lien is error. Oivil Code (1910), § 3366 (1). In the present case the evidence of plaintiffs in the justice’s court did not show a demand, and, the defendant having denied such a demand, the verdict finding in favor of the lien was contrary to law.

2. By § 3356 of the Code of 1910, “proprietors of planing-mills and other similar…