119 Ga. 491 | Ga. | 1904
Lynch brought suit in Dougherty superior court against Joyce and the City of Albany, the material allegations of his petition being, in brief, as follows: In March, 1901, the City of Albany contracted with Joyce to bore an artesian well on described property belonging to it and in the city limits. The plaintiff, in turn, contracted with Joyce to work as a mechanic on the well at an agreed compensation of $4 per day, and in compliance with his contract did work thereon for 471 days, entitling him to $1,884. Joyce has paid him only $646.80, and refuses to pay the balance of $1,237.20 due. “Petitioner claims a lien on the aforesaid well and premises, and in compliance with the law did, on the 1st day of October, 1902, within three months after the completion of the contract, file such lien in the office of the clerk of the superior court of [Dougherty] county.” Joyce is insolvent. The city has appropriated sums sufficient to pay Joyce for boring the weE, and is now indebted to him in a sum more than sufficient to pay plaintiff’s claim against Joyce. Plaintiff has no adequate remedy at law by which he can recover the amount due him, and unless Joyce is enjoined he will coEect the amount due him by the city and leave plaintiff without recourse. The prayers of the petition were, for (1) a temporary restraining order directed to Joyce, enjoining him from coEecting the amount due him by the city untE the further order of the court; (2)- a decree against defendants for principal and interest “ on said principal due your petitioner as aforesaid;” and (3) process. The
Judgment reversed.