Tharpe v. Foster
Supreme Court of Georgia
Laborer’s lien. Jurisdiction. Venue. Before Judge Hill. Bibb Superior Court. April Term, 1873. On February 20tb, 1873, Tharpe foreclosed a laborer’s lien, against Foster for $342 00, with interest from January 1st, 1873, and had the execution based thereon, levied on fifteen bales of cotton then in the county of Bibb. The affidavit of foreclosure stated that the services, as laborer, were rendered on a plantation of defendant, situate in said county.
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Laborer’s lien. Jurisdiction. Venue. Before Judge Hill. Bibb Superior Court. April Term, 1873. On February 20tb, 1873, Tharpe foreclosed a laborer’s lien, against Foster for $342 00, with interest from January 1st, 1873, and had the execution based thereon, levied on fifteen bales of cotton then in the county of Bibb. The affidavit of foreclosure stated that the services, as laborer, were rendered on a plantation of defendant, situate in said county. The defendant filed a counter-affidavit, setting up among other defenses a want of jurisdiction in Bibb superior court, on the ground that he…
1Opinion of the Court
Trippe, Judge.
1. In the case of Hardeman & Sparks vs. Brown and DeVaughan, 49 Georgia Reports, 596, the summary process was sued out in the county of Macon, and the defendant resided in Houston. A claim to the cotton levied on was returned to the court of Macon county. It is true the point was not presented or passed upon', whether the process was properly sued out in the county of Macon. But it was there held that if an issue be made upon a lien foreclosed under the steamboat law, or if there be a claim of the property, the papers are to be returned, and the issue tried in the county of the…
2Cases cited1 opinion
- Cox v. FelderSupreme Court of Georgia · 1867
3Cited by8 opinions
- Bennett v. WheatleySupreme Court of Georgia · 1922
- Hall v. Jeffreys-McElreath Co.Court of Appeals of Georgia · 1927
- Bryant v. MercierSupreme Court of Georgia · 1889
- Dawson v. GarlandSupreme Court of Georgia · 1889
- Jones v. WylieSupreme Court of Georgia · 1889
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