Parks v. Simpson
Supreme Court of Georgia
• Certiorari. Before Judge Kimsey. Hall superior court. July 24, 1905. Simpson instituted a proceeding in a justice’s court against Parks, to foreclose a 'landlord’s lien on the crop of the defendant raised in the year 1904, for the sum of $39.29. The defendant filed a counter-affidavit. The case was appealed to a jury in the justice’s court. The verdict was in favor of the plaintiff, and the defendant carried the case to the superior court by writ of certiorari.
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• Certiorari. Before Judge Kimsey. Hall superior court. July 24, 1905. Simpson instituted a proceeding in a justice’s court against Parks, to foreclose a 'landlord’s lien on the crop of the defendant raised in the year 1904, for the sum of $39.29. The defendant filed a counter-affidavit. The case was appealed to a jury in the justice’s court. The verdict was in favor of the plaintiff, and the defendant carried the case to the superior court by writ of certiorari. It appeared from the evidence that in the year 1903 the plaintiff had furnished to the defendant supplies, and that about $52 was…
1Opinion of the Court
LüMPKIN, J.
(After stating the facts.) The special lien which exists in favor of a landlord upon the crops of his tenant for money or supplies furnished in making such crops is a lien only on the crops of the year in which they are made. Civil Code, §2800, par. 3. Statutes affording summary remedies must be strictly construed. Porter v. Lively, 45 Ga. 159; Dart v. Mayhem, 60 Ga. 104; Mabry v. Judkins, 66 Ga. 732; Hinton v. Goode, 73 Ga. 233. As the statute creates this special lien, with the right of summary enforcement, only under certain circumstances, debts can not be collected in the mode…
2Cases cited4 opinions
- Mabry v. JudkinsSupreme Court of Georgia · 1881
- Hinton v. GoodeSupreme Court of Georgia · 1884
- Porter v. Lively & McElroySupreme Court of Georgia · 1872
- Dart v. Mathew & Co.Supreme Court of Georgia · 1878
3Cited by21 opinions
- Penn Mutual Life Insurance v. TaggartCourt of Appeals of Georgia · 1928
- Hughes v. CobbSupreme Court of Georgia · 1942
- Taylor Lumber Co. v. Clark Lumber Co.Court of Appeals of Georgia · 1925
- Camp v. MatthewsSupreme Court of Georgia · 1915
- Fletcher Guano Co. v. VorusCourt of Appeals of Georgia · 1912
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