Hurley & Smith v. Epps
Supreme Court of Georgia
Liens. Claims. Before Judge POTTLE. Clarke Superior Court. May Term, 1882. Reported in the decision.
1Opinion of the Court
J'ACICSON, Chief Justice.
A single legal question is made by this record : Has a mechanic in possession of personal property for repair, and after he has done the work of repairing it, such an interest in the property that he can claim it as against an attaching creditor before foreclosure of his lien, or is he driven as his only remedy to foreclose that lien?
That he has the right to claim the property, unless the statute giving him the remedy by foreclosing the lien excludes that right, is quite clear. The principle decided in Wade & Co. vs. Hamilton et al., reported in 30 Ga., 450, covers…
2Cases cited1 opinion
- Wade & Co. v. HamiltonSupreme Court of Georgia · 1860
3Cited by11 opinions
- Wheeler v. MartinSupreme Court of Georgia · 1916
- Rowland v. Gregg & SonSupreme Court of Georgia · 1905
- Law v. ColemanSupreme Court of Georgia · 1931
- Caldwell v. Auto Sales & Supply Co.Court of Appeals of Texas · 1913
- Palin v. CookeSupreme Court of Georgia · 1906
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