57 Ga. 265 | Ga. | 1876
A laborer has a general lien upon the property of his employer: Code, section 1974. It is enforceable against personal property in a summary method, execution issuing upon mere affidavit: Cection 1991. “If the person defendant in such execution, or any creditor of such defendant, contests the amount or justice of the claim, or the existence of such lien, he may file his affidavit of the fact, setting forth the ground of such denial, which affidavit shall form an issue to be returned to the court and tried as other causes. If only a part of the amount claimed is denied, the amount admitted to be due must be paid before the affidavit shall be received by the officer:” Ibid. When a laborer hires to work for his creditor, with no express agreement that the wages are not to be applied to the debt, the law would so apply them. So, if after the hiring, the employer were to make advances in money or property, in the absence of a stipulation to the contrary, such advances would go in reduction or extinguishment of the claim for wages. So, too, would debts of the laborer, bought up by the employer at his request, or with his express consent. In each of these, cases there would be reason to think that the parties contemplated the very result,
Judgment affirmed.