C. C. Constance & Sons v. Lay

By the Court.

This was an action to marshal liens. The specific question presented is the validity of a mechanic’s lien, where, in certain particulars, the affidavit does not comply with the requirements of the statute. Upon hearing on appeal, the Court of Appeals held that the affidavit in question was deficient, and that the lien asserted by C. C. Constance & Sons in their cross-petition was therefore not legally established against the property involved. Among other requirements of the statute providing for the • assertion of mechanic’s liens is one that the affidavit must state “the amount…