Burlew Hardware Co. v. City of Spencer

Woods, Judge:

The plaintiff instituted an action in assumpsit in the Circuit Court of Roane County against The City of Spencer. It sought to recover under an assignment from one Fosco, the balance due him from the city, under a contract for the construction of a sanitary sewer. The defendant filed in this action an affidavit, under section one, chapter one hundred seven, Code, setting up that divers third parties were interested or claimed the fund due Fosco under said contract, and asked that the court make an order requiring such third parties to appear and state the nature of their claims,…