Walls v. Rutherford
Supreme Court of Georgia
Laborer’s lien. Pleadings. Before Judge Tompkins. Chatham Superior Court. November Term, 1876. This case arose upon a contest over a fund in court for distribution between Walls, claiming under an execution based on the foreclosure of a laborer’s lien against Howard, and Rutherford, under a distress warrant. The proceedings on the lien were dismissed for insufficiency in the affidavit.
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Laborer’s lien. Pleadings. Before Judge Tompkins. Chatham Superior Court. November Term, 1876. This case arose upon a contest over a fund in court for distribution between Walls, claiming under an execution based on the foreclosure of a laborer’s lien against Howard, and Rutherford, under a distress warrant. The proceedings on the lien were dismissed for insufficiency in the affidavit. The affidavit stated that Walls was a laborer; that Howard was indebted to him $100.00 for labor performed by him on Howard’s farm, describing it; that the labor was performed from January 1, 1876, to the 14th…
1Opinion of the Court
Bleckley, Judge.
Certainly a laborer’s lien cannot be foreclosed until it has arisen. Wlien does it arise ? The Code fixes the time with precision. It declares (section 1976) that the liens of laborers shall arise upon the completion of their contract of labor. Until then, no lien exists. And this is a wise provision. A general lien that can be foreclosed by mere affidavit, and can be enforced at Once by the seizure and sale of property, is a high security. By giving it to a particular class of *441creditors, when it is denied to others, the law manifests a special interest in the favored class,…
2Cases cited3 opinions
- Anderson v. BeardSupreme Court of Georgia · 1875
- Powell & Murphy v. WeaverSupreme Court of Georgia · 1876
- Collini v. NicolsonSupreme Court of Georgia · 1874
3Cited by2 opinions
- Dexter v. GloverSupreme Court of Georgia · 1879
- Houser v. CooperSupreme Court of Georgia · 1898