Savannah & Charleston Railroad v. Callahan
Supreme Court of Georgia
Mechanics’ and laborers’ lien. Contractors. McDowell & Callahan instituted proceedings against the Savannah and Charleston Railroad Company to foreclose a mechanics’ and laborers’ lien for $26,336 38. The execution issued thereon was levied upon the property of the defendant. A counter-affidavit was filed and the property replevied. Pending the litigation the death of McDowell was suggested, and the cause ordered to proceed in the name of Callahan, as surviving partner.
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Mechanics’ and laborers’ lien. Contractors. McDowell & Callahan instituted proceedings against the Savannah and Charleston Railroad Company to foreclose a mechanics’ and laborers’ lien for $26,336 38. The execution issued thereon was levied upon the property of the defendant. A counter-affidavit was filed and the property replevied. Pending the litigation the death of McDowell was suggested, and the cause ordered to proceed in the name of Callahan, as surviving partner. For the remaining facts, see the decision.
1Opinion of the Court
Warner, Chief Justice.
On the 10th day of May, 1869, the plaintiffs made a written contract with the defendant to construct, in a substantial and workmanlike manner, all that portion of the defendant’s railroad from the west end of Coosawhatchie trestle to its junction with the Central Railroad in Georgia, including the construction of a bridge over the Savannah river, and to furnish all necessary materials for the construction of said road and bridge, in accordance with the specifications contained in said *510contract, and on the full and faithful completion of said contract by the plaintiffs as…
2Cited by14 opinions
- Tuck v. Moss Manufacturing Co.Supreme Court of Georgia · 1907
- Massachusetts Bonding & Insurance v. Realty Trust Co.Supreme Court of Georgia · 1914
- Stephens v. . HicksSupreme Court of North Carolina · 1911
- Howell v. AtkinsonCourt of Appeals of Georgia · 1907
- State v. ClarkWashington Supreme Court · 1906
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