Wells v. Butler's Builders' Supply Co.
Supreme Court of Georgia
Foreclosure of lien. Before Judge Cann. Chatham superior court. April 27, 1906. . The John G. Butler’s Builders’ Supply Company, a corporation, brought suit against Thomas Wells, a contractor, C. A. Cox, who ■was alleged to be the surety on a bond given by Wells, and Mrs. ¡'Sarah E. S. Miller.
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Foreclosure of lien. Before Judge Cann. Chatham superior court. April 27, 1906. . The John G. Butler’s Builders’ Supply Company, a corporation, brought suit against Thomas Wells, a contractor, C. A. Cox, who ■was alleged to be the surety on a bond given by Wells, and Mrs. ¡'Sarah E. S. Miller. The plaintiff sought to recover a personal judg.rnent against Wells for material furnished, and against Cox as security, on a bond which Wells had given to pay for material, and also to foreclose a lien upon the real estate of Mrs. Miller against which the plaintiff had filed a claim of lien, as a…
1Opinion of the CourtLumpkin, J.
(After stating the facts.)
1. A motion was made in this court to dismiss the bill of exceptions as to Wells. It is sufficiently disposed of in the first: headnote.
2, 3. One party defendant, the owner of the lot on which it was sought to foreclose a lien, demurred to 'the petition on grounds affecting it as a whole, and the demurrer was sustained. The effect of the entry of the judgment sustaining the demurrer was to end the ease so far as the lot owner was concerned, although no formal words of dismissal were in the order. The proper practice is to include such words where a dismissal is…
2Cases cited8 opinions
- Ellison v. Georgia RailroadSupreme Court of Georgia · 1891
- McCandless v. ConleySupreme Court of Georgia · 1902
- Van Dyke v. Van DykeSupreme Court of Georgia · 1904
- Ripley v. Eady & MayfieldSupreme Court of Georgia · 1899
- Blackwell v. Ramsey-Brisben Stone Co.Supreme Court of Georgia · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Willingham, Wright & Covington v. GloverCourt of Appeals of Georgia · 1922
- Smith v. BuggCourt of Appeals of Georgia · 1926
- Berrien County Bank v. AlexanderSupreme Court of Georgia · 1922
- Beiter v. Decatur Federal Savings & Loan Ass'nSupreme Court of Georgia · 1966
- Manley v. Exposition Cotton MillsCourt of Appeals of Georgia · 1933
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