Quillian v. Central Railroad & Banking Co.
Supreme Court of Georgia
Mechanic's lien. .Title. Before Judge Hill. Washington Superior Court. September Term, 1873. The Central Railroad and Banking Company employed one Thomas J. Jenkins to make brick for it in its yard and with its machinery, at $7 00 per thousand for all he could make to the amount of two hundred thousand. The brick were to be of a certain quality, and were to be inspected by an agent of the road before acceptance.
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Mechanic's lien. .Title. Before Judge Hill. Washington Superior Court. September Term, 1873. The Central Railroad and Banking Company employed one Thomas J. Jenkins to make brick for it in its yard and with its machinery, at $7 00 per thousand for all he could make to the amount of two hundred thousand. The brick were to be of a certain quality, and were to be inspected by an agent of the road before acceptance. The Central Railroad Company had advanced to Jenkins more than the brick were worth. The work was done by Quillian and other sub-employees. Jenkins failed to pay Quillian, and he sued…
1Opinion of the Court
McCay, Judge.
1. It seems very plain to us that the plaintiff had no mechanic’s lien, under section 1981 of the Code of 1873, or under a similar section in Irwin’s Code. The plaintiff had no possession of the brick. The possession was in Jenkins, who was making the brick for the road. It was the intent, and it is the plain meaning, of section 1981 of the Code, to give the lien to the manufacturer or repairer — he who controls the work, has the shop — and not to the workmen. Their lien is upon his property, and not on the property of his employer. It would breed endless confusion, and almost a…
2Cited by8 opinions
- Poss Bros. v. HaynieCourt of Appeals of Georgia · 1927
- Quist v. SandmanCalifornia Supreme Court · 1908
- Lanier v. BaileySupreme Court of Georgia · 1904
- Fox v. SmithSupreme Court of Georgia · 1915
- Tallent v. HunterCourt of Appeals of Georgia · 1924
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