Legal Opinion

Bryan v. Madison Supply Co.

Supreme Court of Georgia

Decided September 26, 1910PublishedCited by 5 opinions

Money rule. Before Judge Lewis. Morgan superior court. March term 1909.

1Opinion of the CourtAtkinson, J.

1. The method of foreclosing a laborer’s lien on personal property is as provided in the Civij Code, § 2816. Among the essentials to such a foreclosure is the requirement .that the person asserting the lien must, by himself, his agent, or attorney, make .affidavit showing all the facts necessary to constitute a lien under the code.

2. Where, in an effort to foreclose, the person asserting the lien procured a justice of the peace to “write out the lien and the affidavit,” and then “signed,” and the justice of the peace “attested” his signature without the administration of any oath, the paper…

2Cases cited4 opinions

  1. Britt v. DavisSupreme Court of Georgia · 1908
  2. Berrie v. SmithSupreme Court of Georgia · 1896
  3. Cumming v. WrightSupreme Court of Georgia · 1884
  4. Durden v. BeltSupreme Court of Georgia · 1878

3Cited by5 opinions

  1. Mullis v. McCookSupreme Court of Georgia · 1937
  2. Bertha Mineral Co. v. BuieCourt of Appeals of Georgia · 1921
  3. In Re Empire Granite Co.District Court, M.D. Georgia · 1942
  4. Thomasville Live Stock Co. v. BurneyCourt of Appeals of Georgia · 1917
  5. Dixon v. General Motors Acceptance Corp.Court of Appeals of Georgia · 1962

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