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2018 Georgia Code 44-14-513 | Car Wreck Lawyer

TITLE 44 PROPERTY

Section 14. Mortgages, Conveyances to Secure Debt, and Liens, 44-14-1 through 44-14-613.

ARTICLE 8 LIENS

44-14-513. Liens in favor of planing mills and similiar establishments.

Proprietors of planing mills and other similar establishments shall have the same lien as provided in Code Section 44-14-363 for work done on material furnished by others; and, when they furnish material, they shall have the same liens provided for in Code Section 44-14-361 for materialmen. Proprietors of sawmills, when furnishing material for the improvement of real estate to purchasers from them for that purpose, shall be entitled to the lien provided for in Code Section 44-14-361, said lien to be governed by the rules laid down in Code Section 44-14-361 when the same are applicable.

(Ga. L. 1873, p. 42, § 10; Code 1873, § 1983; Code 1882, § 1983; Civil Code 1895, § 2807; Civil Code 1910, § 3356; Code 1933, § 67-2204.)

JUDICIAL DECISIONS

Sawmill is within meaning of words "other similar establishments." Newman v. Cash, 47 Ga. App. 39, 169 S.E. 520 (1933).

What constitutes retention.

- Assertion of a lien by retention of the property, under O.C.G.A. § 44-14-513, is not shown where lumber is hauled from the plaintiff's sawmill and placed on the right of way of the railroad for the defendant. Daniel v. Blackwell, 30 Ga. 786, 119 S.E. 447 (1923).

Sawmill has lien on product.

- The proprietor of a sawmill as well as a planing mill has a lien under O.C.G.A. § 44-14-513 on the product of the mill for work done on material furnished by others. Murphey v. McGough, 105 Ga. 816, 31 S.E. 757 (1898).

Completion of contract necessary for lien.

- The proprietor of a sawmill who makes a contract to saw the lumber of another, and substantially complies with the contract, is entitled to a lien, but not otherwise. Hawkins v. Chambliss, 116 Ga. 813, 43 S.E. 55 (1902).

Lien procedures owner must follow.

- In order for the proprietor of a sawmill to acquire a lien upon the lumber sawed under a contract with the owner of the lumber, after the lumber sawed has been surrendered to the owner thereof, it is necessary for the proprietor to file and record a lien within ten days from the time of the completion of the work. Richardson v. Mallory, 13 Ga. App. 496, 79 S.E. 362 (1913); Jones v. Newsome, 27 Ga. App. 386, 108 S.E. 558 (1921).

Jurisdiction of city court to foreclose lien.

- A city court has jurisdiction to foreclose a lien in favor of the proprietor of a sawmill on the product of the mill, for work done on material furnished by another, at least where the principal of the amount claimed does not exceed the jurisdiction of the county court. Chambliss v. Hawkins, 123 Ga. 361, 51 S.E. 337 (1905).

Cited in Young v. Alford, 36 Ga. App. 708, 137 S.E. 914 (1927).

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