Legal Opinion

Lowe v. Echols

Supreme Court of Georgia

Decided December 2, 1895PublishedCited by 3 opinions

Attachment. Before Judge Van Epps. City court of Atlanta. January term, 1895. On September 2, 1893, Echols & Richards sued out an attachment in Fulton county against Mrs. A. J. Lowe, the affidavit in attachment alleging that she was indebted to them $400 principal, with interest at eight per cent, per annum from May 15, 1893, on $200, and interest from August 12, 1892, on $200 at eight per cent., and-per cent, on the principal and interest for attorney’s fees, and that “said…

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Attachment. Before Judge Van Epps. City court of Atlanta. January term, 1895. On September 2, 1893, Echols & Richards sued out an attachment in Fulton county against Mrs. A. J. Lowe, the affidavit in attachment alleging that she was indebted to them $400 principal, with interest at eight per cent, per annum from May 15, 1893, on $200, and interest from August 12, 1892, on $200 at eight per cent., and-per cent, on the principal and interest for attorney’s fees, and that “said Mrs. A. J. Lowe is actually removing without the limits of said county of Fulton.” The attachment bond was in the sum…

1Opinion of the Court

Atkinson, Justice.

The official report states accurately the facts as they appear in the record, and therefore a restatement of them here will not be necessary in the consideration of the questions made.

It will be seen that although an attachment had issued upon the ground that “said Mrs. A. J. Lowe is actually removing without the limits of said county of Eulton,” there was no averment either in the affidavit upon which such at*41tachment issued or in the declaration subsequently filed, nor any recital in the bond given or in the writ of attachment, suggesting either that the defendant was a…

2Cases cited1 opinion

  1. Cox v. PottsSupreme Court of Georgia · 1881

3Cited by3 opinions

  1. Christian v. TerryCourt of Appeals of Georgia · 1927
  2. Associated Press v. United PressSupreme Court of Georgia · 1898
  3. Tate v. LeresCourt of Appeals of Georgia · 1938

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