Legal Opinion

Rountree v. Brown

Court of Appeals of Georgia

Decided March 15, 1918No. 8938PublishedCited by 2 opinions

Lien, foreclosure; from city court of Swainsboro—Judge Kirkland. April 24, 1917.

1Opinion of the CourtWade, C. J.

1. “An affidavit to foreclose a laborer’s lien, which alleged merely that the deponent was employed 'to labor as a clerk in defendant’s store,’ etc., was insufficient, and was properly dismissed on demurrer.' One who is employed merely to labor as clerk in a store is not such a laborer as'is contemplated by § [3334] of the Code [1910], giving a lien to a laborer on the property of his employer. Something must be averred and shown other than that the party seeking the lien was a clerk [italics ours]. 'Laborer,’ as used in' the statute, means what was generally known as a laborer at the time of…

2Cases cited12 opinions

  1. Oliver v. Macon Hardware Co.Supreme Court of Georgia · 1896
  2. Tuck v. Moss Manufacturing Co.Supreme Court of Georgia · 1907
  3. Smith v. Central of Georgia Railway Co.Supreme Court of Georgia · 1916
  4. Youmans v. MooreCourt of Appeals of Georgia · 1912
  5. Howell v. AtkinsonCourt of Appeals of Georgia · 1907

7 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Aronoff v. WoodardCourt of Appeals of Georgia · 1933
  2. Carratt v. RitschCourt of Appeals of Georgia · 1958

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