Slaughter v. Manning , 11 Ga. App. 650 ( 1912 )


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  • Hill, C. J.

    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.

Document Info

Docket Number: 4218

Citation Numbers: 11 Ga. App. 650, 75 S.E. 1059, 1912 Ga. App. LEXIS 126

Judges: Hill

Filed Date: 10/9/1912

Precedential Status: Precedential

Modified Date: 11/7/2024