Love v. Sheriff
| Decision Date | 30 September 1881 |
| Citation | 68 Ga. 269 |
| Court | Georgia Supreme Court |
| Parties | Love. vs. Cox, sheriff, et al. |
Liens. Judgments. Pleadings, Before Judge Fain. Whitfield Superior Court. April Term, 1881.
This was a rule brought by John P. Love, the plaintiff in error, against Cox, the sheriff of Whitfield county, calling upon him to show cause why he should not pay over to him enough of the money in his hands to satisfy his fi.fas. The sheriff had sold a large lot of real property belonging to the Dalton City Company, under vari-ous fi. fas., and the money was in his hands held up under notice from said Love. The sheriff answered the rule, setting out in extensor the lots sold and the amount realized therefrom, the amount in hand, and that he had older fi. fas. in his hands in favor of D. A. Walker sufficient to consume the fund. Thereupon John P. Love tendered an issue, alleging that, although the fi. fas. in favor of Walker were of older date than his, still he had the better lien, as his judgment was based on an account for labor done for the Dalton City Company, and that he claimed a general lien upon all the property of the Dalton City Company. The whole question was submitted, both on the law and facts, to the judge. The judgment and account in favor of Love, sued on, were read in evidence. The record of Love\'s judgment was admitted to be as follows: On the 30th of September, 1876, John P. Love sued the Dalton City Company for labor done as a mechanic prior to August, 1875, on the Duff Green hotel, the property of said company; the defendant was duly served with process, and on the 20th of October, 1877, a verdict and judgment were rendered in favor of said Love vs. the company, for the sum of $260.35, besides interest and costs. The suit was the common action of complaint, and no lien was claimed in the declaration, or set out, and no record of any lien introduced in evidence. Love swore that the work was done by him on the Duff Green hotel, then being built by the Dalton City Company, that the items charged for day labor were for labor, and were correct, and that the piece work done by him was done out of the regular hours of labor, that 10 hours were a day\'s work, and he did the piece work outside of the 10 hours. That the prices were usual and reasonable, and that he completed his work and contract early in August, 1875
The court awarded the money to the D. A. Walker fi. fas. because Love had not recorded his lien and commenced suit within twelve months.
B. Z. Hernuon; W. K. Moore, for plaintiff in error.
Johnson & McCamy, for defendants.
The question made in this record is whether the general lien of a laborer, unrecorded and un-foreclosed, has preference over a judgment creditor whose judgment is older than the judgment of the laborer, though younger than the date of his labor or of its completion. The court below gave the preference to the judgment creditor,...
To continue reading
Request your trial
-
Schulenburg v. Hayden
...v. Raeman, 28 Mo.App. 601; Dugan v. Scott, 37 Mo.App. 663; Lumber Co. v. Hoos, 67 Mo.App. 273; 15 Am. and Eng. Ency. of Law, 117; Love v. Cox, 68 Ga. 269; Cummings v. Wright, 72 Ga. 767; Pratt v. Tudor, 14 Tex. 37; Porter v. Miles, 67 Ala. 132. (3) The lien and the pleadings in the case of ......
-
In re Empire Granite Co.
...in full, without regard to rank of the respective liens. Bryan v. Madison Supply Co., 135 Ga. 171, 68 S.E. 1106; see Love v. Cox, Sheriff, et al., 68 Ga. 269(1). In Dunn v. Interstate Bond Company et al., 5 Cir., 68 F.2d 364, the employees of bankrupt were held not to have lien under Georgi......
-
Alleed v. Hale
...are to be foreclosed by suit brought within 12 months. This provision has been construed in Snow v. Council, 65 Ga. 123, and Love v. Cox, 68 Ga. 269. These cases hold, not only that a summary enforcement of the lien by mere affidavit, etc., cannot be had, but also that, in order for the lie......
-
Allred v. Hale
...are to be foreclosed by suit brought within 12 months. This provision has been construed in Snow v. Council, 65 Ga. 123, and Love v. Cox, 68 Ga. 269. These cases hold, only that a summary enforcement of the lien by mere affidavit, etc., cannot be had, but also that, in order for the lien to......