Hinkle v. Reid

Court of Appeals of Georgia

Hinkle v. Reid

86 S.E. 411, 16 Ga. App. 788, 1915 Ga. App. LEXIS 228

CourtCourt of Appeals of Georgia

DecidedJuly 30, 1915

Docket6181

StatusPublished

Cited by2 cases

This text of 86 S.E. 411 (Hinkle v. Reid) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hinkle v. Reid, 86 S.E. 411, 16 Ga. App. 788, 1915 Ga. App. LEXIS 228 (Ga. Ct. App. 1915).

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Opinions

Broyles, J.

Where one seeks to establish and foreclose a lien on real estate, in a suit against the owner and a contractor, for work done in improvement of the property, and the petition as amended, when construed most strongly against the pleader, fails to allege that the lien was recorded within three months from the time of the personal work done by the plaintiff, which was alleged to have created the lien, the petition sets forth no cause of action against the defendant, the owner of the property. The demurrer to the petition should have been sustained. Civil Code (1910), § 3353 (2). Judgment reversed.

Foreclosure of lien; from city court of Macon — Judge Hodges. October 5, 1914.

John R. L. Smith; G. G. Harris, for plaintiff. Will Gunn, for defendant.

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Broyles, J.

Where one seeks to establish and foreclose a lien on real estate, in a suit against the owner and a contractor, for work done in improvement of the property, and the petition as amended, when construed most strongly against the pleader, fails to allege that the lien was recorded within three months from the time of the personal work done by the plaintiff, which was alleged to have created the lien, the petition sets forth no cause of action against the defendant, the owner of the property. The demurrer to the petition should have been sustained. Civil Code (1910), § 3353 (2). Judgment reversed.

Foreclosure of lien; from city court of Macon — Judge Hodges. October 5, 1914.

John R. L. Smith; G. G. Harris, for plaintiff. Will Gunn, for defendant.

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Bluebook (online)

86 S.E. 411, 16 Ga. App. 788, 1915 Ga. App. LEXIS 228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hinkle-v-reid-gactapp-1915.

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