ALLIED ASPHALT CO. v. CUMBIE

50176.

134 Ga. App. 960 (1975)

216 S.E.2d 659

ALLIED ASPHALT COMPANY v. CUMBIE et al.

Court of Appeals of Georgia.

Decided May 12, 1975.

Rehearing Denied June 5, 1975.


Attorney(s) appearing for the Case

George N. Skene, for appellant.

Barnes, Kendrick-Holmes, Slocumb & Pinkston, Thomas C. Kendrick-Holmes, Brown, Katz & Dasher, S. Phillip Brown, Harris, Watkins, Taylor & Davis, Joseph H. Davis, for appellees.


CLARK, Judge.

Did the complaint seeking foreclosure of a materialman's lien upon real estate under Code Ann. § 67-2002 satisfy the requirement of suing the person with whom the debt was contracted within twelve months from the date the debt became due? That is the principal question presented in this appeal. It arises because the complaint as originally filed did not contain a prayer for judgment in personam against the contractor. After plaintiff had amended...

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