Legal Opinion

McConnell v. Bryant

Supreme Court of Georgia

Decided June 15, 1869PublishedCited by 2 opinions

Mill-wright’s lien. Practice. Decided by Judge Pope. Eulton Superior Court. October Term, 1868. Starling H. Bryant made affidavit that, “ as a mill-wright, he claims a lien on a certain saw-mill” on Terrell creek, on land lot 248, seventeenth district in said county, “ for personal services and labor performed as such mill-wright, in the building of said saw-mill for William McConnellthat “he claims to be due him as such mill-wright, as aforesaid, for such personal service…

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Mill-wright’s lien. Practice. Decided by Judge Pope. Eulton Superior Court. October Term, 1868. Starling H. Bryant made affidavit that, “ as a mill-wright, he claims a lien on a certain saw-mill” on Terrell creek, on land lot 248, seventeenth district in said county, “ for personal services and labor performed as such mill-wright, in the building of said saw-mill for William McConnellthat “he claims to be due him as such mill-wright, as aforesaid, for such personal service and labor as aforesaid, from said Wm. McConnell, the owner of said saw-mill,” $150 50, etc. The Justice of the Inferior…

1Opinion of the CourtBrown, C. J.

The defendant in this case filed the affidavit authorized by the statute, which, with the plaintiff’s affidavit, in the language of the statute, formed “ an issue to be returned to the Court, and tried as other causes.” See Revised Code, secs. 1970, 1972.

When the defendant, McConnell, failed to appear and defend, as the issue was pending in the Court on the appeal, the plaintiff had a right to proceed ex parte, to make out his case. But he was bound to make out a prima facie case, by evidence to the jury, before he was entitled to a judgment. And after the issue was made up in Court, he had…

2Cited by2 opinions

  1. Martin v. NicholsSupreme Court of Georgia · 1907
  2. Murphey v. McGoughSupreme Court of Georgia · 1898

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