Jones v. Wylie
Supreme Court of Georgia
Justice courts. Jurisdiction. Liens. Before Judge Hutciiins. Q-winnett superior court. October adjourned term, 1888. Jones made an affidavit to foreclose his landlord’s special' lien against Wylie, his tenant, residing in the 408th district, G-. M., before the justice of the peace of the 407th district, Gf. M., who thereupon issued an execution, making it returnable to tbe 408th district.
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Justice courts. Jurisdiction. Liens. Before Judge Hutciiins. Q-winnett superior court. October adjourned term, 1888. Jones made an affidavit to foreclose his landlord’s special' lien against Wylie, his tenant, residing in the 408th district, G-. M., before the justice of the peace of the 407th district, Gf. M., who thereupon issued an execution, making it returnable to tbe 408th district. A levy was made by tbe constable of tbe 408th district; and tbe defendant interposed an affidavit of illegality, denying tbe existence of a lien, and alleging tbat tbe execution was illegal for want of…
1Opinion of the Court
Simmons, Justice.
The court below decided that the landlord could not foreclose his lien for supplies dn a district where his tenant did not reside, and in which the tenant had no property. "We are inclined to’ think that the court was right. The general law in this State is, that the defendant must be sued in the county of his residence, and if the claim is within a justice’s court’s jurisdiction, it must be sued in the militia district in which the defendant resides. Section 1991 of the code, in treating of the foreclosure of liens upon personalty, says, in substance, that there must be a…
2Cases cited2 opinions
- Tharpe v. FosterSupreme Court of Georgia · 1874
- Hardeman & Sparks v. DeVaughnSupreme Court of Georgia · 1873
3Cited by3 opinions
- Hales v. Sandersville Builders Supply Co.Court of Appeals of Georgia · 1972
- Dean v. DonalsonCourt of Appeals of Georgia · 1907
- Harris v. HoustonCourt of Appeals of Georgia · 1935