Cochran v. Swann
Supreme Court of Georgia
Laborer’s lien. Amendment. Before Judge Buchanan. Gampbell Superior Court. February Term, 1874. Cochran foreclosed a laborer’s lien against Swann. The •defendant denied the existence of the lien. Upon the trial, it ^appeared from the evidence of the plaintiff that the work was done by himself and five or six hands employed by hi m. What precise work he individually did, and the value of it, •was not shown. Defendant moved to dismiss the proceedings.
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Laborer’s lien. Amendment. Before Judge Buchanan. Gampbell Superior Court. February Term, 1874. Cochran foreclosed a laborer’s lien against Swann. The •defendant denied the existence of the lien. Upon the trial, it ^appeared from the evidence of the plaintiff that the work was done by himself and five or six hands employed by hi m. What precise work he individually did, and the value of it, •was not shown. Defendant moved to dismiss the proceedings. Before this motion was acted on, plaintiff proposed to amend by changing the proceeding into an action of assumpsit or complaint. The court…
1Opinion of the Court
Trippe, Judge.
1. ' One who contracts to get cross-ties, and does get them by the employment of other persons, .who do the work, does not have a laborer’s lien against the party for whom he is to furnish the ties, for the payment of the debt thereby created: See Wooten vs. Archer, 49 Georgia, 388, and Callahan vs. Savannah and Charleston Railroad, Ibid., 506. The principle decided in those cases control this.
2. If the defendant make an issue denying the existence of the lien, and the creditor wishes to recover for any part of the claim because that part of it does have the lien, he should show…
2Cited by5 opinions
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- McElmurray v. TurnerSupreme Court of Georgia · 1890
- Vinson v. StateSupreme Court of Georgia · 1905
- Tallman v. Southern Motor Exchange, Inc.Court of Appeals of Georgia · 1958
- Hilley v. LunsfordCourt of Appeals of Georgia · 1923