Moultrie Lumber Co. v. Jenkins
Supreme Court of Georgia
Foreclosure of lien. Before Judge Humphreys. City court of Moultrie. May 24, 1904. ■ Jenkins made his affidavit to foreclose a laborer’s lien under the Civil Code, § 2816, for $290.96,' against the Moultrie Lumber Company, claiming a lien upon all the personal property of the defendant, and particularly upon certain lumber and shingles therein described.
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Foreclosure of lien. Before Judge Humphreys. City court of Moultrie. May 24, 1904. ■ Jenkins made his affidavit to foreclose a laborer’s lien under the Civil Code, § 2816, for $290.96,' against the Moultrie Lumber Company, claiming a lien upon all the personal property of the defendant, and particularly upon certain lumber and shingles therein described. Execution issued, and a levy was made on March 25, 1904. On March 30, 1904, a member of the defendant firm made a counter-affidavit denying that the defendant was indebted to the plaintiff in any sum whatever. This affidavit was sworn to…
1Opinion of the CourtLamar, J.
(After stating the facts.) Where a laborer’s lien has been. foreclosed under the Civil Code, § 2816, the execution issued thereon operates -as final process. The office of the counter-affidavit is to convert this final process into ‘mesne process and raise an issue which must there be passed upon by the proper tribunal. But until there is such an affidavit there is no case, nothing to be returned to a court, no pleading to be amended, and no issue to be tried. If, therefore, the counter-affidavit was void, the defendant was not in a position, on this hearing, to have a ruling as to the…
2Cases cited1 opinion
- Wilkowski v. HalleSupreme Court of Georgia · 1868
3Cited by9 opinions
- Calhoun County Bank v. EllisonWest Virginia Supreme Court · 1949
- Giddens v. GaskinsCourt of Appeals of Georgia · 1909
- Kennedy v. MillerSupreme Court of Georgia · 1934
- Wilson v. GriffinCourt of Appeals of Georgia · 1918
- Harvey v. JohnsonCourt of Appeals of Georgia · 1922
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