Reynolds v. Randall
Supreme Court of Georgia
Complaint on account. Before Judge Jones. City •court of DeKalb county. November term, 1894. H. GK Randall sued J. O. Reynolds for a balance of $82.26 upon an account for material furnished for building a house, etc. The account was attached to the declaration, which, as originally brought, claimed an indebtedness of $100 and sought to foreclose a lien therefor in favor of plaintiff as a contractor and material man.
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Complaint on account. Before Judge Jones. City •court of DeKalb county. November term, 1894. H. GK Randall sued J. O. Reynolds for a balance of $82.26 upon an account for material furnished for building a house, etc. The account was attached to the declaration, which, as originally brought, claimed an indebtedness of $100 and sought to foreclose a lien therefor in favor of plaintiff as a contractor and material man. By amendment he prayed, that if the lien was barred or deficient, „he might recover a common law judgment on the account. Such judgment was rendered in his favor by the judge…
1Opinion of the CourtSimmons, C. J.
1. Where in a suit to foreclose the statutory lien of a mechanic and material man upon real estate, the character of the indebtedness is clearly and distinctly set forth, it is competent for the court to allow an amendment praying a common law judgment; and such a judgment may be recovered though the claim of lien should fail. Dunning & Tuttle v. Stovall, 30 Ga. 444.
2. The evidence supports the finding of the court upon the questions of fact. Judgment af/vrmed.
The áccount sued on shows, on the debit side, a series of charges beginning January 1, 1893, and ending September 29, 1893, amounting…
2Cases cited1 opinion
- Dunning & Tuttle v. StovallSupreme Court of Georgia · 1860
3Cited by2 opinions
- McCalla v. NicholsSupreme Court of Georgia · 1897
- Superior Rigging & Erecting Co. v. World of SidCourt of Appeals of Georgia · 1979