Kennedy v. Miller

Court of Appeals of Georgia

Kennedy v. Miller

176 S.E. 102, 49 Ga. App. 505, 1934 Ga. App. LEXIS 447

CourtCourt of Appeals of Georgia

DecidedSeptember 18, 1934

Docket22919, 22994

StatusPublished

This text of 176 S.E. 102 (Kennedy v. Miller) 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

Kennedy v. Miller, 176 S.E. 102, 49 Ga. App. 505, 1934 Ga. App. LEXIS 447 (Ga. Ct. App. 1934).

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Opinion

Broyles, C. J.

1. The filing of the eonnter-allidavit in this case was not too late, it being filed before the property levied on was sold. However, the foreclosure of the laborer’s lien was final process until the filing of such affidavit, and, since the affidavit was filed on October 18, 1932, the proceeding then for the first time became mesne process, and was returnable to the next term of the court, and the trial judge erred in rendering a judgment, during the October, 1932, term of court, against the defendant and his bondsmen. See the decision of the Supreme Court in this case handed down on August 8, 1934, in answer to a certified question by this court.

2. The cross-bill of exceptions is dismissed, the costs thereon not having been paid, and no pauper’s affidavit having been filed.

Judgment reversed on the main hill of exceptions; cross-hill dismissed,.

MacIntyre and Quarry, JJ., concur.

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Broyles, C. J.

1. The filing of the eonnter-allidavit in this case was not too late, it being filed before the property levied on was sold. However, the foreclosure of the laborer’s lien was final process until the filing of such affidavit, and, since the affidavit was filed on October 18, 1932, the proceeding then for the first time became mesne process, and was returnable to the next term of the court, and the trial judge erred in rendering a judgment, during the October, 1932, term of court, against the defendant and his bondsmen. See the decision of the Supreme Court in this case handed down on August 8, 1934, in answer to a certified question by this court.

2. The cross-bill of exceptions is dismissed, the costs thereon not having been paid, and no pauper’s affidavit having been filed.

Judgment reversed on the main hill of exceptions; cross-hill dismissed,.

MacIntyre and Quarry, JJ., concur.

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Bluebook (online)

176 S.E. 102, 49 Ga. App. 505, 1934 Ga. App. LEXIS 447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kennedy-v-miller-gactapp-1934.