Bell & Brother v. Rich
Supreme Court of Georgia
Justice Courts. Jurisdiction. Liens. Debtor and Creditor. Before Judge Hammond. Fulton Superior Court. March Term, 1884. Five justice court fi. fas., in favor of Bell & Brother against Brown, were levied on a certain lot which was claimed by Rich. The five cases were consolidated and tried together.
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Justice Courts. Jurisdiction. Liens. Debtor and Creditor. Before Judge Hammond. Fulton Superior Court. March Term, 1884. Five justice court fi. fas., in favor of Bell & Brother against Brown, were levied on a certain lot which was claimed by Rich. The five cases were consolidated and tried together. The following facts appeared on the trial: Bell & Brother filed a claim of lien, as material men, on the property in dispute, for materials furnished- in the erection of a building thereon for'Brown. The amount claimed was $995.36, “ with interest at the rate of eight per cent per annum from July…
1Opinion of the Court
Hall, Justice.
Both parties excepted to the decision of the lower court in this case, — the claimant, because the justice’s court had no jurisdiction to enforce a lien upon real estate, where the claim secured by the lien had been divided into a number of notes, so as to bring the amount of each note-within the jurisdiction of that court; and the plaintiff, because three of his justice’s courffi.fas. levied on the land claimed were found to be void. In these three cases, suits-were instituted upon notes' for one hundred dollars each, with interest and the cost of collection, and ten per cent…
2Cases cited4 opinions
- Lavender v. ThomasSupreme Court of Georgia · 1855
- Dodd v. HammockSupreme Court of Georgia · 1877
- May & Co. v. SibleySupreme Court of Georgia · 1882
- Andrews & Co. v. KaufmansSupreme Court of Georgia · 1878
3Cited by7 opinions
- Peeples v. StricklandSupreme Court of Georgia · 1897
- Cooney v. FooteCourt of Appeals of Georgia · 1914
- Ashworth v. HarperSupreme Court of Georgia · 1895
- Deans v. DeansSupreme Court of Georgia · 1927
- DeLamater v. MartinSupreme Court of Georgia · 1903
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