Wait v. Southern Oil and Tar Company

Opinion op the Court by

Commissioner Hobson

Reversing.

The Southern Oil & Tar Company brought this action against M. F. Wait to enforce a lien upon his property in Somerset, under an ordinance ordering the improvement of South Main street with tarvia. The exhibits referred to in the petition were not filed therewith. The defendant moved the court to require the plaintiff to file the exhibits and to make the petition more definite by filing therewith the ordinances and resolutions passed by the council and a copy of the contract under which the work was done. The court overruled the motion; the…