Stearns v. Jaudon

Citations

• 27 Fla. 469

Syllabus

<p>!•. The second section of the act of June 3. 1887, (Chapter 3747 statutes,) for the protection of mechanics and others, gives a lien for labor in “construction, repairing or operating” a mill, and the affidavit in the attachment proceeding authorized by the act should show in substance that the labor for which the lien is claimed was performed in constructing or repairing the mill, or something which is, within the meaning of the statute, a part of the mill, or in the operation of it. Stating- that the labor was performed “in and about the mill, and the machinery. fixtures, houses.” etc., is not sufficient.</p> <p>2. The statemefit of a fact in a motion as one of its grounds will not he considered by the appellate court as evidence of the existence of the fact when the motion has been denied by the lower court.</p>