49 Ga. 506 | Ga. | 1872
On the 10th day of May, 1869, the plaintiffs made a written contract with the defendant to construct, in a substantial and workmanlike manner, all that portion of the defendant’s railroad from the west end of Coosawhatchie trestle to its junction with the Central Railroad in Georgia, including the construction of a bridge over the Savannah river, and to furnish all necessary materials for the construction of said road and bridge, in accordance with the specifications contained in said
One of the plaintiffs stated that although he did not labor every day, he did as he always had been doing ever since he had been building railroads, he taught others how to do it; he very often took hold of a shovel and showed a man how to shovel earth — often a wheel-barrow to show them, and would take an auger or a cross-cut saw and lay out trestle timber,
The motion to dismiss the proceedings after the introduction of the plaintiff’s evidence, was in the nature of a demurrer to the sufficiency of that evidence, under the law, to have authorized the summary proceeding against the property of the defendant, which had been instituted by the plaintiffs for the collection of the debt alleged to be due them by the defendant. In our judgment, the Court erred in overruling the defendant’s motion to dismiss the proceedings. The view which we have taken of this branch of the case will finally dispose of it, and, therefore, it is unnecessary to notice the other points made on the argument.
Let the judgment of the Court below be reversed.