Legal Opinion

J. H. Morris Building Supplies v. Brown

Supreme Court of Georgia

Decided February 5, 1980No. 35671PublishedCited by 14 opinions

1Opinion of the Court

Marshall, Justice.

In this case, the Court of Appeals held that the failure to state in a claim of materialmen’s lien the date said claim became due renders the lien ineffective and, therefore, unenforceable against the property owner against whom the lien was filed. We reverse.

As stated in Code Ann. § 67-2002 (as amended, Ga. L. 1977, p. 675): "To make good the liens specified in section 67-2001, théy must be created and declared in accordance with the following provisions, and on failure of any of them the lien shall not be effective...” Subsection 1 of Code Ann. § 67-2002 requires a…

2Cases cited2 opinions

  1. Picklesimer v. SmithSupreme Court of Georgia · 1927
  2. Georgia State Savings Asso. v. WilsonSupreme Court of Georgia · 1939

3Cited by14 opinions

  1. L & W Supply Corp. v. Whaley Constr. Co.Court of Appeals of Georgia · 1990
  2. Statham MacHinery & Equipment Company, Inc. v. Howard Construction Company, Inc.Court of Appeals of Georgia · 1981
  3. Foster & Kleiser, Inc. v. Coe & Payne Co.Court of Appeals of Georgia · 1987
  4. Georgia North Contracting, Inc. v. Haney & Haney Construction & Management Corp.Court of Appeals of Georgia · 1992
  5. Madison Retail Suwanee, LLC v. Orion Enterprises Sales & Service, Inc.Court of Appeals of Georgia · 2011

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