Johnson v. McCurry
Supreme Court of Georgia
Foreclosure of lien. Before Judge Henry. Floyd superior court. July term, 1896. On March 7, 1893, Johnson filed suit against McCurry to foreclose a lien for material furnished in the construction of a house. McCurry was duly served, but made no appearance or defense before the adjournment of the return term of the suit, and upon the call of the appearance-docket the case was marked in default. The name of Henry Walker appeared on the docket as sole counsel for plaintiff.
Read the full summary
Foreclosure of lien. Before Judge Henry. Floyd superior court. July term, 1896. On March 7, 1893, Johnson filed suit against McCurry to foreclose a lien for material furnished in the construction of a house. McCurry was duly served, but made no appearance or defense before the adjournment of the return term of the suit, and upon the call of the appearance-docket the case was marked in default. The name of Henry Walker appeared on the docket as sole counsel for plaintiff. The case remained so pending until July 20, 1896, when it came on for trial. In the meantime, without the knowledge or…
1Opinion of the CourtFish, J.
1. When this case was called for trial in the court below on July 20, 1896, it was in default. Complaint is made by the plaintiff in error, that notwithstanding this fact the court, over his objection, permitted the defendant to file a plea of payment, without at the same time requiring him, as a condition precedent to opening the default, to pay all costs which had accrued in the case up to that time. In this connection, the practice act of 1895 (now embodied in sections 5069 et seq. of the Civil Code) is cited and relied upon. It does require, not only “payment of all costs which have…
2Cases cited4 opinions
- Jones v. GranthamSupreme Court of Georgia · 1888
- Sasser v. SasserSupreme Court of Georgia · 1884
- Lambert v. SmithSupreme Court of Georgia · 1876
- Russell v. HubbardSupreme Court of Georgia · 1886
3Cited by2 opinions
- Denson v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1916
- Fuller v. Lanett Bleaching Co.Supreme Court of Alabama · 1914