Lee v. O'Brien

Bonner, Associate Justice.

Appellee, M. C. O’Brien, plaintiff below, sued appellant, James Lee, upon a verbal contract of date September 1, 1877, for the value of certain work and labor done and performed, and materials furnished him in the construction of the foundation walls of a house on lot 4, block —, in the town of Weatherford, and to enforce a mechanic’s lien on the lot and materials.

On the trial below, O’Brien recovered judgment for the debt and also enforcing the hen.

Among other assigned errors is one substantially, that O’Brien failed to show that Lee had been served with a copy of…