Mauck v. Rosser
Supreme Court of Georgia
Certiorari. Before Judge Pendleton. Fulton superior court. July 26, 1905. Mauek, for the purpose of foreclosing a materialman’s lien upon realty belonging to Eosser and Blalock, brought a suit against them and Kellam, a contractor to whom he furnished material for improving the property. The suit was brought in the justice’s court of the district of Fulton county wherein Eosser resided and the realty in question was located.
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Certiorari. Before Judge Pendleton. Fulton superior court. July 26, 1905. Mauek, for the purpose of foreclosing a materialman’s lien upon realty belonging to Eosser and Blalock, brought a suit against them and Kellam, a contractor to whom he furnished material for improving the property. The suit was brought in the justice’s court of the district of Fulton county wherein Eosser resided and the realty in question was located. Blalock resided in Fayette county and Kellam, the contractor, in DeKalb county. All of the parties, defendant were served. Kellam filed no plea and made no defense.…
1Opinion of the CourtCobb, P. J.
1. In our opinion, there could be no lawful judgment foreclosing a materialman’s lien in this case, for the reason that no judgment for the amount of the claim had been previously obtained against the contractor, and no valid judgment could be rendered against him in this proceeding, because the court had no jurisdiction over him, and he did nothing which amounted to a waiver of jurisdiction. Hartsfield v. Morris, 89 Ga. 254, and cit.; Sanford v. Bates, 99 Ga. 145. Section 16 of article 6 of the constitution of this State deals with the subject of venue. Paragraph 1 of this section provides…
2Cases cited8 opinions
- Lombard v. Trustees of the Young Men's Library Ass'n FundSupreme Court of Georgia · 1885
- Clayton v. Farrar Lumber Co.Supreme Court of Georgia · 1903
- Berrie v. SmithSupreme Court of Georgia · 1896
- Sanford v. BatesSupreme Court of Georgia · 1896
- White v. HartSupreme Court of Georgia · 1866
3 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Foster v. FosterSupreme Court of Georgia · 1951
- Gignilliat v. West Lumber Co.Court of Appeals of Georgia · 1949
- D. H. Overmyer Warehouse Co. v. W. C. Caye & Co.Court of Appeals of Georgia · 1967
- McKnight v. WilsonSupreme Court of Georgia · 1924
- Elliott v. AdamsSupreme Court of Georgia · 1931
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