Brittain v. Mammoth Spring Motor Co.

This is a suit by the appellee to collect an automobile repair bill of $281.21 and to foreclose a repairman’s lien upon the vehicle. The appellant failed to plead within the time allowed, and the court entered a default decree for the plaintiff. The appellant insists that the complaint does not state a cause of action and that the entry of the default judgment was therefore a reversible error. Thompson v. Dildy, 227 Ark. 648, 300 S. W. 2d 270.

The appellant is partly correct. The complaint does not allege a valid lien, for the account was not filed with the circuit clerk within 90 days after…