Clark v. Tuggle
Supreme Court of Georgia
Attachment, in Macon Superior Court. Tried before Judge Powers, April Term, 1855. On the 31st day of July, 1854, A. B. Ross, as agent for plaintiff in error, sued out an attachment against the defendant; and at the same time, commenced an action of debt against the defendant, in which he required bail. The twprocesses were placed in the hagids of the Sheriff, on the same day.
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Attachment, in Macon Superior Court. Tried before Judge Powers, April Term, 1855. On the 31st day of July, 1854, A. B. Ross, as agent for plaintiff in error, sued out an attachment against the defendant; and at the same time, commenced an action of debt against the defendant, in which he required bail. The twprocesses were placed in the hagids of the Sheriff, on the same day. On the 1st day of August, 1854, the Sheriff levied the attachment on certain property of the defendant; and on the 5th day of the same month, he arrested the defendant under the bail process. The two cases were returned…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] We recognize the general rule, that two suits between the same parties, for the same subject-matter, cannot be prosecuted at the same time; and the exception as to mortgages, where the suit or action for the foreclosure and that for the debt, to secure which the mortgage was executed, may be prosecuted at the same time.
No reason occurs to us why an exception should be made of a proceeding by bail process and by attachment, on the same subject-matter, and between the [same parties, at the same time prosecuted.
The attachment is an…
2Cited by2 opinions
- Grimmett v. BarnwellSupreme Court of Georgia · 1937
- Underwood v. UnderwoodSupreme Court of Georgia · 1913