Chicago & Southeastern Railway Co. v. Ross

The appellee commenced this action against the appellant, to recover for the value oí work and materials furnished in the construction of a fence along the line of appellant’s right of way and appellee’s improved lands.

The work was done and the materials furnished under the provisions of sections 1077 and 1078, Elliott’s Supp. The court below overruled a demurrer to the complaint. This ruling is the only error assigned in this court.

It is insisted that the complaint is defective because it does not set out a copy of the thirty days’ notice which section 1078, supra, requires the land-owner to…