Tanxley v. Lampkin

Lewis, J. Where a laborer institutes a suit to foreclose a lien which he claims against real estate, and on the trial of the issue formed thereon there is no testimony to show that he has completed his contract of labor, a verdict for the defendant is demanded by the evidence. In the present case, therefore, the court did not err in overruling the certiorari. ■ Judgment affirmed. All the Justices concurring.