Skelly

This action was brought to recover three hundred and ninety-four dollars alleged to be due for work and materials performed and furnished in the building of a schoolhouse. It is alleged that the claim *654 has been allowed to the extent of three hundred and fifty dollars.

The defendant in its answer denies that the value of the services and materials exceeded three hundred and fifty dollars, and as to that sum pleads payment as follows: That on the'sixth day of April, 1892, the Newport Wharf and Lumber Company, a corporation, commenced an action against the plaintiff to recover five hundred and forty-five dollars and five cents, and had summons and a writ of attachment issued on the same day, which said writ of attachment was on that day duly served on the defendant.

That thereafter such proceedings were had that on the eleventh day of May, 1892, a judgment by default was duly given and made by the clerk of said court in favor of said corporation against said Skelly for five hundred and forty-nine dollars and thirty-nine cents and- costs.

That on the sixth day of July, 1892, an execution was issued in said action against the property of said Skelly, and July 11, 1892, the…