2020 Georgia Code
Title 44 - Property
Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens
Article 8 - Liens
Part 5 - Pawnbrokers, Factors, Bailees, Acceptors, and Depositories
§ 44-14-402. Liens of Depositories for Hire

Depositories for hire shall have a lien for their hire and may retain possession until it is paid.

(Orig. Code 1863, § 2089; Code 1868, § 2084; Code 1873, § 2110; Code 1882, § 2110; Civil Code 1895, § 2928; Code 1910, § 3501; Code 1933, § 12-703.)

- For comment on Wilkinson v. Townsend, 96 Ga. App. 179, 99 S.E.2d 539 (1957), wherein the statutory authorization for the police to remove an abandoned automobile to a garage was held not to create an agency relationship between the police and auto owner giving rise to a lien against the auto owner by the garageman, see 9 Mercer L. Rev. 372 (1958).

JUDICIAL DECISIONS

Removal of illegally parked car does not create lien.

- Where O.C.G.A. § 40-6-206 permits police officers to remove illegally parked automobiles to a garage or other place of safety, but does not specify whether a public or private garage, and does not state that the owner shall be liable for the costs of such removal and storage, and no specific authority is given the officers to impound the vehicle and the law is blank as to its ultimate disposition, the law does not create an agency relation between the police officers and the owner so as to form a contract for storage or towing charges; since the owner does not assent to this disposition of property, and no person authorized by law to act for the owner assents to it. Under these circumstances, no lien arises, and detention of the property by the garage against the demands of the owner amounts to a conversion. Wilkinson v. Townsend, 96 Ga. App. 179, 99 S.E.2d 539 (1957).

Cited in Postell v. Val-Lite Corp., 78 Ga. App. 199, 51 S.E.2d 63 (1948).