Horne-Wilson, Inc. v. Smith

Bell, Presiding Judge.

The evidence in this case does not authorize the verdict for the defendant.(a) The plaintiff proved its case as alleged by presenting evidence to show among other things: (1) that the subcontractor to which it had furnished the materials had become a bankrupt, thus eliminating the condition precedent that a judgment be acquired against the subcontractor prior to enforcing a special lien on the realty against the owner (Code Ann. § 67-2002 (2)); (2) that the claim of lien was filed within three months after the material was furnished (Code Ann. § 67-2002 (2)); (3) that…