Legal Opinion

Dexter v. Glover

Supreme Court of Georgia

Decided February 15, 1879PublishedCited by 3 opinions

Certiorari. Jurisdiction. Liens. Laws. Before Judge Harris. Wayne Superior Court. September Term, 1878. Glover foreclosed a laborer’s lien against Colquitt; fi. fa. issued, and was levied on a saw-mill. Dexter, who had bought the mill from Colquitt, filed a counter-affidavit, and issue was thus formed.

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Certiorari. Jurisdiction. Liens. Laws. Before Judge Harris. Wayne Superior Court. September Term, 1878. Glover foreclosed a laborer’s lien against Colquitt; fi. fa. issued, and was levied on a saw-mill. Dexter, who had bought the mill from Colquitt, filed a counter-affidavit, and issue was thus formed. The affidavit of foreclosure alleged that Colquitt, as owner of the mill, was “ indebted to deponent in the sum of $50.00 for work and labor done by him for the said W. W. Colquitt at and about said steam saw-mill, in the capacity of inspector of lumber at said steam saw-mill, for and during…

1Opinion of the Court

Jackson, Justice.

1. A legal question unmixed with any disputed fact necessary to its adjudication being made in the oertiorari, the party was entitled to that remedy, though the debt, principal and interest, counted together exceeded fifty dollars. 58 Ga., 77; 46 Ga., 41; 51 Ga., 194.

2. The oertiorari should have been sustained because there was no allegation that the laborer had completed his contract in the affidavit to foreclose. 60 Ga., 439; 61 Ib., 211; McDonald vs. Knight, this term.

3. The justice of the peace, under the act of 1873, and the Code, §§1974-5-6,1984,1991, had the power to…

2Cases cited4 opinions

  1. Witkowski v. SkalowskiSupreme Court of Georgia · 1872
  2. McDonald v. DickensSupreme Court of Georgia · 1877
  3. Walls v. RutherfordSupreme Court of Georgia · 1878
  4. Wright v. RutledgeSupreme Court of Georgia · 1874

3Cited by3 opinions

  1. Toole v. Edmondson & Seay Bros.Supreme Court of Georgia · 1898
  2. Houser v. CooperSupreme Court of Georgia · 1898
  3. Stewart v. DurhamCourt of Appeals of Georgia · 1920

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