Ricks v. Smith
Court of Appeals of Georgia
Foreclosure of lien; from Jones superior court—Judge Park. January 15, 1917. The following is the agreed statement of facts in the case: "Thomas G-. Smith, the defendant, owns a tract of land described in the original petition in this case, and on or about February 24, 1915, entered into a contract with Shaw Brothers Company, under which contract said Shaw Brothers Company erected a brick store building on said premises at and for the sum of $5,200. Shaw Brothers Company…
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Foreclosure of lien; from Jones superior court—Judge Park. January 15, 1917. The following is the agreed statement of facts in the case: "Thomas G-. Smith, the defendant, owns a tract of land described in the original petition in this case, and on or about February 24, 1915, entered into a contract with Shaw Brothers Company, under which contract said Shaw Brothers Company erected a brick store building on said premises at and for the sum of $5,200. Shaw Brothers Company completed the building according to the contract, plan, and specifications, and was paid by Smith the full contract price,…
1Opinion of the CourtBkoyles, P. J.
“There can be no valid judgment of foreclosure of a materialman’s lien for materials furnished to a contractor, upon the real estate improved with such materials, in the absence of valid judgment in personam in favor of the materialman against the contractor for the price of such materials, rendered previously in an independent suit against the contractor or concurrently in the foreclosure suit where the contractor and the owner of the land are both made - parties and duly served.” Columbian Iron Works v. Crystal Springs Bleachery Co., 145 Ga. 621 (89 S. E. 751) ; Lombard v. Trustees, 73 Ga.…
2Cases cited9 opinions
- McKenney v. CheneySupreme Court of Georgia · 1903
- Lombard v. Trustees of the Young Men's Library Ass'n FundSupreme Court of Georgia · 1885
- Mauck v. RosserSupreme Court of Georgia · 1906
- Pike Bros. Lumber Co. v. MitchellSupreme Court of Georgia · 1909
- Clayton v. Farrar Lumber Co.Supreme Court of Georgia · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Morris Plan Bank of Georgia v. SimmonsSupreme Court of Georgia · 1946
- Middle Georgia Lumber Co. v. HuntCourt of Appeals of Georgia · 1936
- Victory Lumber Co. v. EllisonCourt of Appeals of Georgia · 1957
- Kiser Co. v. BarbreCourt of Appeals of Georgia · 1925
- In re WhitleyDistrict Court, W.D. Tennessee · 1924