Keller v. Stevens

Yellott, J., delivered the opinion of the Court. ¹³³ The appellee instituted proceedings in the Circuit Court for Baltimore County, to enforce a mechanics’ lien. It appears from the record that a lien claim for $334.70 with interest, was filed on the 27th day of March, 1884, andón the same day the writ was issued. The sheriff’s return was, “Not found ; no tenant in possession; copy set up at the front door of house on the premises described in the within writ.” The sheriff’s return was regularly filed. There is in the record an affidavit of the sheriff’s deputy that he went to the premises described in the writ and, finding no tenant in possession, posted the copy as returned on a door fronting the land, it being the most conspicuous place he could find.

The record also shows that on the 28th day of March, 1884, notice of sci. fa. on lien was published in two weekly newspapers in Baltimore County, for the period of three weeks, prior to the 3rd Monday of May, 1884. On May 19, 1884, there was an entry of fiat nisi; and on September 8th, 1884, judgment fiat executio. On the 22nd of September, 1884, the1 appellant filed a petition, invoking an exercise of the discretionary power of the Court and asking it to strike out the judgments. This motion was set down for hearing and on the 5th day of December, 1885, the petition was dismissed, but at the same time the judgment fiat executio was stricken out.

On the 17th day of April, 1886, judgment was extended in favor of plaintiff for $389.92, with interest from date, and costs, and on the same day judgment fiat executio was entered on motion of plaintiff’s attorney. On the 20th of April, 1886, after final judgment had thus been entered, the appellant filed a motion in arrest of judgment. The motion was overruled and from this determination of thé Court below an appeal has been taken. There can be no doubt that, if a motion in arrest had been made subsequently to the judgment by default and antecedently to the entry of final judgment, the motion ¹³⁴ would, have been strictly in conformity with regular