Cox v. Fletcher & Adams

63 S.E. 61, 5 Ga. App. 297, 1908 Ga. App. LEXIS 102

Opinion

Powell, J.

(After stating the foregoing facts.)

Some of the points involved in this record are controlled by the case of Cox v. Adams, ante, 296 (63 S. E. 60). A summary lien foreclosure must contain every allegation necessary to show a right-to the action in that form; it is to be strictly construed. Mabry v. Judkins, 66 Ga. 732; Howell v. Atkinson, 3 Ga. App. 58 (59 S. E. 316). Whether a person is to be entitled to a lien as a laborer is to be determined by the contract of employment, and not merely by what he actually did after being employed. Howell v. Atkinson, supra. A superintendent and general manager of a sawmill is prima facie not a common laborer. The words “superintendent- and general manager” denote such -a degree of discretion and. necessity for the exercise of mental functions as to distinguish the person so designated from a common laborer whose work is-chiefly manual. The motion to dismiss the foreclosure should have prevailed; and the judge of the superior court therefore did not err in sustaining the certiorari. Judgment affirmed.