Vandalsem v. Caldwell
Court of Appeals of Georgia
1Opinion of the CourtBell, J.
1. In order for a depositary for hire (Civil Code of 1910, §§ 3494, 3501) to foreclose his lien under the Civil Code, § 3366, it is incumbent upon him to allege in the affidavit made for that purpose, among other things, that he made demand upon the depositor for payment after the amount claimed became due. Where an attempted foreclosure was made in which the affidavit omitted such averment, a sheriff’s sale made thereunder was without authority of law and void. Erskine v. Wiggins, 58 Ga. 187 (2); Anderson v. Beard, 54 Ga. 138; Favors v. Johnson, 79 Ga. 553 (2) (4 S. E. 925); Scott v.…
Also in this document: Concurrence.
2Cases cited37 opinions
- New Zealand Fire Insurance v. BrewerCourt of Appeals of Georgia · 1923
- Citizens & Southern Bank v. Union Warehouse & Compress Co.Supreme Court of Georgia · 1924
- Porter v. JohnsonSupreme Court of Georgia · 1895
- Fain v. WilkersonCourt of Appeals of Georgia · 1918
- Juchter v. Boehm, Bendheim & Co.Supreme Court of Georgia · 1880
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3Cited by19 opinions
- City of Atlanta v. RobertsonCourt of Appeals of Georgia · 1926
- Smith v. Floyd CountyCourt of Appeals of Georgia · 1927
- Wilkinson v. TownsendCourt of Appeals of Georgia · 1957
- Commercial Bank v. PharrCourt of Appeals of Georgia · 1947
- Wall v. MillsCourt of Appeals of Georgia · 1972
14 more not listed; retrieve them via the Exa API.