Pue v. Hetzell

Goldsbokough, J., delivered the opinion of this court: •This is a proceeding under the lien law of 1838, ch. 205, and its supplements. The appellant was the owner of a house in Howard county, built by a certain William W. Woods, under a contract dated the 8th of August 1856. The appellee was employed by Woods, the contractor, to cover the house with a tin roof, and to furnish spouting for the same. He finished the work, and failing to obtain payment from the contractor, Woods, filed his claim on the 2nd day of December 1857, in the G'ircuit court for Howard county, in pursuance of the above Acts of Assembly, and a scire facias was issued thereon.

The bill of particulars, with notice, was served on the appellant on the 15th of July 1857. The appellant appeared, and filed the several pleas mentioned in the proceedings, (ante., 540, 541,) and the appellee joined issue on. them. The appellee then offered in evidence the claim on which the writ issued, the service of the bill of particulars on the appellant, the time when the work was finished, and the measurement of the work done, and its value. Evidence was offered on-both sides in regard to the character of the work done.

At the trial, the appellee offered two prayers, both of which were granted; and the appellant offered eight prayers, the first, second and eighth of which were refused by the court; the remaining prayers of the appellant were granted with the consent of the appellee’s counsel. From