Colquitt & Baggs v. Kirkman
Supreme Court of Georgia
Livery stable keeper’s lien. Money rule. Before Judge Stroziee. Dougherty Superior Court. October Term, 1872. Colquitt & Baggs held a mortgage upon certain personal .property of one Charles O. Little, dated April 16th, 1870, to cover advances to be made by them, as factors and commission merchants during that year, not to exceed in all $1,000. By a supplemental instrument, dated June 26th, 1870, the provisions of said mortgage were made to apply to an additional advance of…
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Livery stable keeper’s lien. Money rule. Before Judge Stroziee. Dougherty Superior Court. October Term, 1872. Colquitt & Baggs held a mortgage upon certain personal .property of one Charles O. Little, dated April 16th, 1870, to cover advances to be made by them, as factors and commission merchants during that year, not to exceed in all $1,000. By a supplemental instrument, dated June 26th, 1870, the provisions of said mortgage were made to apply to an additional advance of $1,024 62, and to any other advances that might be made by said mortgagees. On the 12th of November, 1870, said mortgage…
1Opinion of the Court
McCay, Judge.
Under our Code, sections 2096, 2097, a livery stable keeper has a lien against all the goods of his bailor in possession of the livery-man, for all his reasonable charges, and even if the guest or bailor has no title to the article, he has a right to retain it even against the true owner until all the charges upon that particular article are paid. This is the plain meaning— nay, the express language of .the Code — and we are at a loss to understand how the lien should be doubted, or how it should occur to any one that the lien of the livery-man for his general account could be…
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