Wood v. Carter
Supreme Court of Georgia
Certiorari, in Hall Superior Court. Decision by Judge Hutchins, September Term, 1859. Carter instituted suit against Wood, in Hall Superior Court, in "which hail was required and given. Pending suit, Carter sued out an attachment against him on the same cause of action, returnable to the Inferior Court of Hall county. Defendant Wood moved to dismiss the attachment, on two grounds: 1st. Because bail had been given in the common law action. 2d.
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Certiorari, in Hall Superior Court. Decision by Judge Hutchins, September Term, 1859. Carter instituted suit against Wood, in Hall Superior Court, in "which hail was required and given. Pending suit, Carter sued out an attachment against him on the same cause of action, returnable to the Inferior Court of Hall county. Defendant Wood moved to dismiss the attachment, on two grounds: 1st. Because bail had been given in the common law action. 2d. Because the Superior Court alone had jurisdiction of the attachment, the same having issued pending the common law suit, and.for the same cause of…
1Opinion of the Court
— Benning J.
By the Court.
delivering the opinion.
Was either of the grounds of the motion to dismiss the attachment, good ? We think not. We think that the twenty-eighth section of the Attachment Act of 1856, renders both of the grounds untenable.
*581It was argued, that the old law was the same as this section of the new; and, that, in Clark vs. Tuggle, (18 Ga 604,) this Court had decided, that an attachment would by that law, not lie in such a case as the' present, a case in which there was a bail writ pending when the attachment was issued. But that case was not like the present. In that case,…
2Cited by1 opinion
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