Gunn v. Johnson & Co.

1. Since the sufficiency of a petition can not be questioned in a motion for a new trial, the defendant, in a proceeding by a lien holder to foreclose his lien by the statutory method providing for the filing of an affidavit as the initial process in the foreclosure proceedings, which is in the nature of a plaintiff’s petition, can not, in a motion for a new trial based -upon the ground that the verdict rendered for the plaintiff was contrary to law, insist upon the insufficiency of the affiant’s affidavit in failing to contain such an allegation. The above ruling is not to be construed as…