Hillburn v. O'Barr
Supreme Court of Georgia
Action, in Eloyd Superior Court. Decided by Judge Trippe, December Term, 1855. This was an action to enforce a carpenter’s lien, under the Act of 1837. It appeared that W. T. Cothran, G. S. Black, J. R. Powell and L. J. Hillburn, being the joint owners of a lot in the town of Rome, made a contract with the said Hill-burn, (one of themselves,) to build a hotel on said lot. Hill-burn employed O’Barr, who was a carpenter, to work on the house.
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Action, in Eloyd Superior Court. Decided by Judge Trippe, December Term, 1855. This was an action to enforce a carpenter’s lien, under the Act of 1837. It appeared that W. T. Cothran, G. S. Black, J. R. Powell and L. J. Hillburn, being the joint owners of a lot in the town of Rome, made a contract with the said Hill-burn, (one of themselves,) to build a hotel on said lot. Hill-burn employed O’Barr, who was a carpenter, to work on the house. The work was completed December 25th, 1850. On the 8th of March, 1851, O’Barr filed in the Clerk’s office, the following notice: “Georgia, Eloyd County:…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
The time when the work was to be paid for, was a question for the Jury. And there was evidence from which the Jury *593might have inferred it to have been, either the time when the work was completed, the time when the note was given, or the time when the note fell due.
[1.] Therefore, if the Court had told the Jury that this time was the time when the work was completed, the Court would have expressed its opinion on matter of fact. And that is a thing which the Court is forbidden to do. (Cobb’s Dig. 462.)
So much for the plaintiff’s first point.
The…
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