Brackett & Co. v. Americus Grocery Co.
Supreme Court of Georgia
Attachment. Before Judge Crisp. City court of Americas.. August 24, 1905. The Amerieus Grocery Company sued out an attachment against Brackett & Company. The material allegations of the declaration in attachment are .stated in the following opinion. On the first trial the defendants, at the conclusion of the plaintiff’s evidence, moved to dismiss the case, on grounds stated in their demurrer, and because the plaintiff was not entitled to recover under the evidence.
Read the full summary
Attachment. Before Judge Crisp. City court of Americas.. August 24, 1905. The Amerieus Grocery Company sued out an attachment against Brackett & Company. The material allegations of the declaration in attachment are .stated in the following opinion. On the first trial the defendants, at the conclusion of the plaintiff’s evidence, moved to dismiss the case, on grounds stated in their demurrer, and because the plaintiff was not entitled to recover under the evidence. The judge dismissed the case, and the Supreme Court reversed that judgment (119 Ga. 489).» When the case again came on for trial…
1Opinion of the CourtEvans, J.
1-3. The declaration in attachment was not subject to demurrer on any of the grounds therein alleged. It - was very recently decided that the Civil Code,- §4961, which requires that the petition shall set forth a cause of action in orderly and distinct paragraphs numbered consecutively, did not apply to declarations in attachment. Fincher v. Stanley Electric Mfg. Co., ante, 362. The declaration, after reciting the suing out of an attachment by the plaintiff against the defendant, its levy, the court to which it was returnable, and the replevy of the property by the defendant, sets out the…
2Cases cited3 opinions
- Americus Grocery Co. v. Brackett & Co.Supreme Court of Georgia · 1904
- Casey & Hedges Manufacturing Co. v. Dalton Ice Co.Supreme Court of Georgia · 1894
- Clark & Nunnally v. Cumming & Co.Supreme Court of Georgia · 1886
3Cited by3 opinions
- Yellowstone Sheep Co. v. Diamond Dot Live Stock Co.Wyoming Supreme Court · 1931
- Watson v. World of Mirth Shows, Inc.District Court, S.D. Georgia · 1944
- McDermott v. LankenauSupreme Court of Georgia · 1930