McGarrity & Co. v. Thomas
Court of Appeals of Georgia
Certiorari; from Clinch superior court — Judge Parker. October 23, 1910. An attachment was levied on certain personal property, and the defendants replevied the property, giving the statutory bond, and traversed the grounds of the attachment.
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Certiorari; from Clinch superior court — Judge Parker. October 23, 1910. An attachment was levied on certain personal property, and the defendants replevied the property, giving the statutory bond, and traversed the grounds of the attachment. The plaintiff thereupon elected to take a general judgment against the defendants, and not a judgment in rem, nor a judgment on the replevy bond; and the defendants entered an appeal to the superior court, furnishing an appeal bond, with the same surety thereon that had been previously given on the replevy bond. When the case was called for trial in the…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.) We think the judgment of dismissal was right, under the general principle decided in Woodliff v. Bloodworth, 121 Ga. 456 (49 S. E. 289), and cases there cited. The plaintiffs in error seek to avoid the effect of this decision and of others announcing the same principle, by insisting that their election in the court below to take a general judgment was tantamount to an abandonment of their attachment, and the abandonment of the attachment carried with it the replevy *607bond, and the surety thereon was no longer liable, and that, being released from liability…
2Cases cited1 opinion
- Woodliff v. BloodworthSupreme Court of Georgia · 1904
3Cited by1 opinion
- Garrison v. McGuireCourt of Appeals of Georgia · 1966