GIGNILLIAT v. WEST LUMBER CO.

32467.

80 Ga. App. 652 (1949)

56 S.E.2d 841

GIGNILLIAT v. WEST LUMBER COMPANY.

Court of Appeals of Georgia.

Rehearing Denied December 17, 1949.


Attorney(s) appearing for the Case

Grant, Wiggins, Grizzard & Smith, Drennan & Brannon, for plaintiff in error.

Herbert Johnson, Ross Arnold, contra.


MacINTYRE, P. J.

1. In Cutler-Hammer v. Wayne, 101 Fed. 2d, 823, the Fifth Circuit Court of Appeals, in construing §§ 67-2001 and 67-2002 of the Code of Georgia of 1933, stated: "The purpose of the [materialman's] lien statutes in every state is, in substance, the same; this is, to give the furnisher of labor and material a claim upon the owner, to compel him at his peril to withhold final payment until he has received assurance from

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