Love v. Cox
Supreme Court of Georgia
Liens. Judgments. Pleadings. Before Judge Fain. Whitfield Superior Court. April Term, 1881. This was a rule brought by John P. Love, the plaintiff in error, against Cox, the sheriff of Whitfield county, calling upon him to show cause why he should not pay over to him enough of the money in his hands to satisfy his fi. fas.
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Liens. Judgments. Pleadings. Before Judge Fain. Whitfield Superior Court. April Term, 1881. This was a rule brought by John P. Love, the plaintiff in error, against Cox, the sheriff of Whitfield county, calling upon him to show cause why he should not pay over to him enough of the money in his hands to satisfy his fi. fas. The sheriff had sold a large lot of real property belonging to the Dalton City Company, under various fi. fas., and the money was in his hands held up under notice from said Love. The sheriff answered the rule, setting out in extenso the lots sold and the amount realized…
1Opinion of the Court
Jackson, Chief Justice.
The question made in this record is whether the general lien of a laborer, unrecorded and unforeclosed, has preference over a judgment creditor whose judgment is older than the judgment of the laborer, though younger than the date of his labor or of its completion. The court below gave the preference to the judgment creditor, and, on that ruling, error is assigned in this court.
The laborer sued on his open account for work done as a mechanic, but did not claim any lien, and merely brought suit on his account and got a general judgment therefor.
There can be no doubt that…
2Cases cited1 opinion
- Stonewall Jackson Loan & Building Ass'n v. McGruderSupreme Court of Georgia · 1871
3Cited by6 opinions
- Oglethorpe Savings & Trust Co. v. MorganSupreme Court of Georgia · 1920
- Berrie v. SmithSupreme Court of Georgia · 1896
- Cumming v. WrightSupreme Court of Georgia · 1884
- In Re Empire Granite Co.District Court, M.D. Georgia · 1942
- Allred v. HaileSupreme Court of Georgia · 1890
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