Rome Brick Co. v. West

Supreme Court of Georgia

Rome Brick Co. v. West

67 S.E. 400, 134 Ga. 65, 1910 Ga. LEXIS 110

CourtSupreme Court of Georgia

DecidedFebruary 18, 1910

StatusPublished

Cited by6 cases

This text of 67 S.E. 400 (Rome Brick Co. v. West) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rome Brick Co. v. West, 67 S.E. 400, 134 Ga. 65, 1910 Ga. LEXIS 110 (Ga. 1910).

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Opinion

Atkinson, J.

1. In so far as it was sought to foreclose a lien this case is controlled by the ruling in Pike Brothers Lumber Co. v. Mitchell, 132 Ga. 675 (64 S. E. 998), where it was held: “In order to foreclose a materialman’s lien for material furnished a contractor to be used' in improving the property of another, it is necessary that the materialman have judgment against the contractor in a previous action, or the contractor must be sued concurrently in the foreclosure proceedings with the owner of the property improved. If the contractor be adjudged a bankrupt, so that no judgment in personam can be had against him in an action at law, his immunity from liability to a personal judgment will not give the materialman a right to foreclose his lien in equity against the property improved.”

2. The prayer to recover a general judgment against the estate of the deceased landowner was stricken from the petition by amendment.

Judgment affirmed.

All the Justices concur.

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Atkinson, J.

1. In so far as it was sought to foreclose a lien this case is controlled by the ruling in Pike Brothers Lumber Co. v. Mitchell, 132 Ga. 675 (64 S. E. 998), where it was held: “In order to foreclose a materialman’s lien for material furnished a contractor to be used' in improving the property of another, it is necessary that the materialman have judgment against the contractor in a previous action, or the contractor must be sued concurrently in the foreclosure proceedings with the owner of the property improved. If the contractor be adjudged a bankrupt, so that no judgment in personam can be had against him in an action at law, his immunity from liability to a personal judgment will not give the materialman a right to foreclose his lien in equity against the property improved.”

2. The prayer to recover a general judgment against the estate of the deceased landowner was stricken from the petition by amendment.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

67 S.E. 400, 134 Ga. 65, 1910 Ga. LEXIS 110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rome-brick-co-v-west-ga-1910.

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