Cox v. Adams & Co.
Court of Appeals of Georgia
Certiorari, from Morgan superior court — Judge Lewis. September 12, 1908. On March 14 Cox sued out a laborer’s lien against Adams & Company, for the labor of himself and two minor sons; and the suit was made returnable to the April term of a certain justice’s court in Morgan county. It was levied on April 1. The defendants then filed a: counter-affidavit denying indebtedness, also demurrers, general and special.
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Certiorari, from Morgan superior court — Judge Lewis. September 12, 1908. On March 14 Cox sued out a laborer’s lien against Adams & Company, for the labor of himself and two minor sons; and the suit was made returnable to the April term of a certain justice’s court in Morgan county. It was levied on April 1. The defendants then filed a: counter-affidavit denying indebtedness, also demurrers, general and special. Subsequently, at the trial term of the court, they moved to dismiss the. foreclosure, on the ground that’the father could not maintain a lien for his minor sons’ wages .and that he…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
The headnotes cover the points of law involved. It appears from the order of the judge of the superior court that he has not reviewed the facts, as he has the legal right and duty to do. He was in error in remanding the case on the ground assigned in the order. His judgment is therefore reversed, with direction that he pass upon the facts; and if he approves the verdict of the jury as a finding of fact, that the certiorari be dismissed, otherwise that he sustain the certiorari and grant a new trial before another jury in the justice’s court. Judgment…
2Cited by9 opinions
- Drake v. LewisCourt of Appeals of Georgia · 1913
- Howard v. FranklinCourt of Appeals of Georgia · 1924
- McKibben v. Luther Williams Banking Co.Court of Appeals of Georgia · 1924
- Butler v. WintonCourt of Appeals of Georgia · 1937
- Potter v. DavidsonOregon Supreme Court · 1933
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