Barnett v. Tant

1. Where a laborer forecloses his lien and has it levied upon personal property belonging to his employer, and the latter files a counter-affidavit but no replevy bond is given, the only judgment to which the laborer is entitled, if he succeeds in the suit, is a special judgment against the property. If the defendant sues out a certiorari to the superior court, and at the hearing the certiorari is overruled and a final disposition of the case made by .the judge, the latter is not authorized to enter up a general judgment against the plaintiff in certiorari and his surety on the certiorari…