White v. Bryant
Supreme Court of Georgia
Foreclosure of lien. Before Judge Fite. Whitfield superior court. January 22, 1910. On the 6th clay of January, 1909, T. J. Bryant instituted proceedings to foreclose his lien as a livery-stable keeper against John White. White filed his counter-affidavit; and on the same day Bryant filed his application with the ordinary for an order to sell the property described in his foreclosure proceedings.
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Foreclosure of lien. Before Judge Fite. Whitfield superior court. January 22, 1910. On the 6th clay of January, 1909, T. J. Bryant instituted proceedings to foreclose his lien as a livery-stable keeper against John White. White filed his counter-affidavit; and on the same day Bryant filed his application with the ordinary for an order to sell the property described in his foreclosure proceedings. On the 9th day of the same month the plaintiff, through his attorney at law, dismissed the proceedings, and, subsequently to the dismissal of the case, Bryant instituted proceedings to foreclose the…
1Opinion of the CourtBeck, J.
Under the decision in the case of Wright v. Jett, 120 Ga. 995 (48 S. E. 345), the court should have sustained the plea in abatement, and erred in refusing to do so and in overruling that plea. The mere fact that the clerk and the sheriff agreed, in .the language of the witnesses, to “take him [Mr. Longley] for the costs,” 'did not meet the requirements of the statute. It is disclosed by the evidence that the costs of the first case were not 'actually paid until after the institution of the second case. The fact that the officers of the court agreed to take Mr. Longley, the attorney, for the…
2Cases cited2 opinions
- Wright v. JettSupreme Court of Georgia · 1904
- Board of Education v. KelleySupreme Court of Georgia · 1906
3Cited by9 opinions
- Brinson v. KramerCourt of Appeals of Georgia · 1945
- Early v. StateCourt of Appeals of Georgia · 1914
- Kraft v. Forest Park Realty & Ins. Co.Court of Appeals of Georgia · 1965
- Collins v. BurkhalterSupreme Court of Georgia · 1916
- Frommel & Brother v. CoxSupreme Court of Georgia · 1924
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