QUILLIAN, J.
1. In an action to foreclose a laborer's lien the plaintiff must allege and prove a demand upon the defendant for the amount claimed and a refusal by the defendant to pay. Code § 67-2401. Accordingly, in this action to foreclose a laborer's lien in the amount of $1,072, where a demand is alleged in the affidavit and denied in the counter-affidavit, and where on the trial all the evidence of the plaintiff as to demand was that contained in his testimony...
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