Harvey v. Johnson
Court of Appeals of Georgia
Foreclosure oí lien; from Marion superior court — Judge Munro. April 26, 1921. Johnson foreclosed a laborer’s lien against Harvey, an execution was issued and levied, and the defendant gave • a replevy bond. The affidavit made to foreclose the lien, the execution, and the replevy bond were sent by the sheriff to the office of the clerk of the superior court and left there, the clerk being out at the time.
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Foreclosure oí lien; from Marion superior court — Judge Munro. April 26, 1921. Johnson foreclosed a laborer’s lien against Harvey, an execution was issued and levied, and the defendant gave • a replevy bond. The affidavit made to foreclose the lien, the execution, and the replevy bond were sent by the sheriff to the office of the clerk of the superior court and left there, the clerk being out at the time. The clerk testified that “he found the replevy bond with the lien foreclosure along about the second day of December, 1920, in his office, and that he inadvertently failed to file the same;…
1Opinion of the CourtBloodworth, J.
(After stating the foregoing facts.)
1. The court did not err under the special facts of this ease in ordering that the replevy bond be filed nunc pro tunc as of date December 2, 1920.
2. The demurrer to the affidavit of foreclosure was properly *289overruled. No counter-affidavit had been filed as provided by § 3366 (6) of the Civil Code of 1910. In Moultrie Lumber Co. v. Jenkins, 121 Ga. 722 (49 S. E. 678), Justice Lamar said: “Where a-laborer’s lien has been foreclosed under the Civil Code [of 1895], § 2816 [§ 3366 (6), supra], the execution issued thereon operates as final process. The office…
2Cases cited5 opinions
- Giddens v. GaskinsCourt of Appeals of Georgia · 1909
- Moultrie Lumber Co. v. JenkinsSupreme Court of Georgia · 1905
- Wilson v. GriffinCourt of Appeals of Georgia · 1918
- McCall v. WilkesSupreme Court of Georgia · 1905
- Tipton v. Conrad & LeeCourt of Appeals of Georgia · 1918
3Cited by5 opinions
- Frost Motor Co. v. PierceCourt of Appeals of Georgia · 1945
- Gardner v. ParkerCourt of Appeals of Georgia · 1924
- Harris v. HoustonCourt of Appeals of Georgia · 1935
- Bowman v. QuickCourt of Appeals of Georgia · 1962
- Bellington v. BryantCourt of Appeals of Georgia · 1932