Dunning & Tuttle v. Stovall
Supreme Court of Georgia
Statutory proceeding in Richmond Superior Court. Decision by Judge Holt at January Term, 1860. This was a petition filed for the purpose of enforcing alien under the mechanics lien laws of this State. It appeared from the petition and bill of particulars annexed, that more than twelve months had elapsed from the last date of the account, sued on, before the petition was filed. The defendants demurred and the Court sustained the demurrer.
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Statutory proceeding in Richmond Superior Court. Decision by Judge Holt at January Term, 1860. This was a petition filed for the purpose of enforcing alien under the mechanics lien laws of this State. It appeared from the petition and bill of particulars annexed, that more than twelve months had elapsed from the last date of the account, sued on, before the petition was filed. The defendants demurred and the Court sustained the demurrer. The plaintiffs moved, thereupon, to strike out so much of the declaration as referred specifically to the enforcement of the lien, and to amend so as to…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
As the plaintiffs did not sue upon a special contract, the presumption is, that the contract was completed when the last item in the bill of particulars was charged. They rely upon that and they must abide by it. They will not be permitted to prove any thing to the contrary, unles it was averred in the writ. We do not think the late statutes making open accounts bear interest from the first day of January of the year next following, and that the Statute of Limitations shall not begin to run until that time, applies to the lien laws.
Ought the…
2Cited by8 opinions
- Burns v. White Swan Mining Co.Oregon Supreme Court · 1899
- McCluskey v. StillCourt of Appeals of Georgia · 1924
- Bryant v. JonesCourt of Appeals of Georgia · 1954
- GEC CORPORATION v. LevyCourt of Appeals of Georgia · 1969
- Parish v. MurphySupreme Court of Georgia · 1874
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