State action as to enforcement.

- When the sole action attributable to the state is the General Assembly's enactment of statutes announcing the circumstances under which the courts of this state will not interfere with the private enforcement of innkeepers' liens, there is no violation of due process rights. Evans v. Harley Hotels, Inc., 253 Ga. 53, 315 S.E.2d 896, appeal dismissed, 469 U.S. 803, 105 S. Ct. 58, 83 L. Ed. 2d 9 (1984).

Lien given to innkeepers and boardinghouse keepers is not created by contract, but by law. Turner v. Priest, 48 Ga. App. 109, 171 S.E. 811 (1933).

Provisions strictly construed as to boardinghouse keepers.

- Statutes giving to boardinghouse keepers a lien on the goods of their boarders and the means to enforce the lien are in derogation of common law and should be strictly construed. Turner v. Priest, 48 Ga. App. 109, 171 S.E. 881 (1933).

Methods of enforcing boardinghouse keeper's lien.

- Lien of a boardinghouse keeper under former Civil Code 1910, §§ 3360 and 3513 (see now O.C.G.A. § 43-21-5) may be enforced as provided in former Civil Code 1910, § 3368 (see now O.C.G.A. § 43-21-6), by selling the property at public outcry after giving proper notice to lienee, or as provided in former Civil Code 1910, § 3366. Turner v. Priest, 48 Ga. App. 109, 171 S.E. 881 (1933).

Innkeepers have lien on guests' personalty until paid.

- Policy of law as to innkeepers, boardinghouse keepers, and all pawnees and depositaries for hire is that they shall have a lien on personalty deposited or pawned with them, and may retain possession of the chattels in opposition to the title of the owner, until they are paid for their services. Turner v. Priest, 48 Ga. App. 109, 171 S.E. 881 (1933); Brown v. Harmon, 59 Ga. App. 373, 1 S.E.2d 33 (1939).

If owner regains possession of property without fraud, lien is ended. Turner v. Priest, 48 Ga. App. 109, 171 S.E. 881 (1933).

Innkeeper's voluntary surrender of guest's property.

- When a boardinghouse keeper or innkeeper voluntarily surrenders possession of a guest's property on which the keeper has a boardinghouse keeper's or innkeeper's lien for board due, the keeper thereby loses the lien thereon, and cannot afterwards retake the property. Turner v. Priest, 48 Ga. App. 109, 171 S.E. 881 (1933); Brown v. Harmon, 59 Ga. App. 373, 1 S.E.2d 33 (1939).

Permitting guest to drive car away from premises as voluntary surrender.

- Plaintiff never established nor attempted to establish a lien by retaining possession of property levied on, and if the plaintiff ever could have been considered as having possession of the property, the plaintiff voluntarily surrendered it by allowing the defendant to drive the automobile away from the plaintiff's premises. Thus, when the plaintiff levied on the automobile, the automobile was not in the plaintiff's possession, but was parked on a public street and was in the possession of the defendant. Brown v. Harmon, 59 Ga. App. 373, 1 S.E.2d 33 (1939).

Abandoning boardinghouse as surrender of lien on property therein.

- When a boardinghouse keeper abandoned the boardinghouse, leaving the delinquent boarder in free possession of the boarder's goods, this constituted a voluntary surrender of the goods of the boarder on which the house keeper could claim a lien for money due for the furnishing of meals to the boarder's wife and child. Turner v. Priest, 48 Ga. App. 109, 171 S.E. 881 (1933).

Cited in Walker v. State, 220 Ga. 415, 139 S.E.2d 278 (1964).

ALR.

- Automobile as subject of innkeeper's lien, 56 A.L.R. 1102.