114 Ga. 403 | Ga. | 1901
Lead Opinion
The record in this case shows that Henry Elewellen sought, as a laborer, to foreclose liens, in the city court of Eorsyth, against Ed. Elewellen and certain described property of the latter; that upon the trial of the issues raised by defendant’s counter-affidavit the plaintiff testified, in detail, to the truth of every averment in'his affidavit; that at the conclusion of plaintiff’s testimony, and in the absence of any demurrer to his affidavit, the court, on its own motion, awarded a nonsuit, upon the ground “that plaintiff had not made out such a case, either by his pleadings or his evidence, as Would authorize the issuance of a laborer’s lien under the statute; ” that the plaintiff excepted to this ruling by certiorari to the superior court; and that the certiorari was there overruled. Error is assigned in the bill of exceptions upon the overruling of the certiorari. The only question necessary to be decided is controlled by the unanimous ruling made by this court in Beeves v. Jackson, 113 Ga. 182 (which was followed in Strouse v. Kelly, Ib. 575), where it was held: “A motion to nonsuit presents the single
Judgment reversed.
Concurrence Opinion
concurring specially. I concur in the judgment rendered, because, in my opinion, the plaintiff was entitled, under the allegations he made, to a laborer’s lien, and had a right to foreclose it. I do so without sanctioning, without limitation, the correctness of the reasoning in the case, and the principles announced.