Legal Opinion

Palin v. Cooke

Supreme Court of Georgia

Decided May 16, 1906PublishedCited by 5 opinions

Foreclosure of lien. Before Judge Mitchell. Thomas' superior court. April 22, 1905.

1Opinion of the CourtLumpkin, J.

Lien laws, are strictly construed, and one who-claims a lien must bring himself clearly within the law. Hawkins v. Chambliss, 116 Ga. 813. By the act of February 24, 1873 (Acts 1873, p. 44, see. 8), it was declared that the lien of a mechanic must be asserted by the retention of the property, and not otherwise. Hurley v. Epps, 69 Ga. 611. By the act of 1884 (Acts 1884-85, p. 43), this-was so amended as to declare that the lien may be asserted by retention of the property, or the mechanic may surrender such personal property and give credit, in which event the lien shall be enforced in…

2Cases cited3 opinions

  1. Hawkins v. ChamblissSupreme Court of Georgia · 1902
  2. Hurley & Smith v. EppsSupreme Court of Georgia · 1882
  3. New Ebenezer Ass'n v. Gress Lumber Co.Supreme Court of Georgia · 1892

3Cited by5 opinions

  1. Oglethorpe Savings & Trust Co. v. MorganSupreme Court of Georgia · 1920
  2. Carter-Moss Lumber Co. v. ShortCourt of Appeals of Georgia · 1941
  3. Gearreld v. WoodruffCourt of Appeals of Georgia · 1913
  4. Norman v. Farmers State BankCourt of Appeals of Georgia · 1954
  5. Turner v. JacksonCourt of Appeals of Georgia · 1981

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