Slaughter v. Manning
This text of 75 S.E. 1059 (Slaughter v. Manning) 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.
Opinion
1. An application to foreclose a landlord’s lien for supplies, against a tenant, where the amount claimed exceeds $100, can not be made to a justice of the peace; and where such application is made, and the justice of the peace has issued an execution thereon for a sum exceeding $100, the execution is absolutely void, and any lien thereon, and all further proceedings thereunder, are absolutely invalid. Civil . Code (1910), § 3366, subsections 3 and 4.
2. Where a landlord’s lien for supplies exceeding the sum of $100 is foreclosed before a justice of the peace, who issues an execution tíiereon for the sum claimed, and the execution is levied upon property in the possession of the tenant and a claim is interposed, the claimant, on the trial of the claim case, can challenge the legality of the foreclosure proceedings and the validity of the execution issued thereunder.
Judgment reversed.
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Cite This Page — Counsel Stack
75 S.E. 1059, 11 Ga. App. 650, 1912 Ga. App. LEXIS 126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slaughter-v-manning-gactapp-1912.