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HERBERT BROS., INC. v. McCARTHY CO., ETC.

Record No. 780345.

265 S.E.2d 685 (1980)

HERBERT BROS., INC. v. The McCARTHY COMPANY OF VIRGINIA-MARYLAND et al.

Supreme Court of Virginia.

April 18, 1980.

Attorney(s) appearing for the Case

Richard L. Downey, Springfield (Charles D. T. Lennhoff, Downey & Lennhoff, Springfield, on brief), for appellant.

Edward F. Rodriguez, Jr., Fairfax (Boothe, Prichard & Dudley, Fairfax, on brief), for appellee.

No brief or argument for The McCarthy Company of Virginia-Maryland, appellee.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, POFF, COMPTON and THOMPSON, JJ.

PER CURIAM.

This case involves the interplay between Code § 43-22, one of the mechanics' lien statutes, and Rule 1:10, one of the Rules of this court. Section 43-22 provides that a mechanic's lien may be enforced by a bill in equity with which there shall be filed an itemized statement of account, "the correctness of which account shall be verified by the affidavit of [the complainant], or his agent." In pertinent part, Rule 1:10 provides:

"If a statute...

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