Moore v. Harlan & Hollingsworth
Supreme Court of Georgia
Attachment. Tried before Judge Gibson. Eichmoud Superior Court, June Term, 1867. Moore made a contract, in writing, with Harlan & Hollingsworth, to build for him a steamboat. Conceiving that in the pretended fulfilment of this contract he had been damaged, Moore sued out attachment against the firm, the members being non-residents of this State, in which attachment only $5,000 00 was claimed; It was levied on certain propr erty which was replevied by bond and security.
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Attachment. Tried before Judge Gibson. Eichmoud Superior Court, June Term, 1867. Moore made a contract, in writing, with Harlan & Hollingsworth, to build for him a steamboat. Conceiving that in the pretended fulfilment of this contract he had been damaged, Moore sued out attachment against the firm, the members being non-residents of this State, in which attachment only $5,000 00 was claimed; It was levied on certain propr erty which was replevied by bond and security. When Moore’s attorneys filed a declaration on said attachment, they declared for $100,000 00 damages. The plea was general…
1Opinion of the CourtHarris, J.
There are two assignments of error in the bill of exceptions, viz:
1st. That the Judge below ordered the amount of damages laid in the declaration filed on the attachment, to be reduced from $100,000 00 to $5,000 00, the amount sworn to as the amount of the claim of plaintiff in the affidavit which he made, on which the attachment issued.
2nd. The exclusion of Moore from giving testimony for himself, because Plollingsworth, one of the firm of Harlan & Hollingsworth, was dead, and therefore Moore was incompetent to testify under exception to the Act of 1866.
As to the first point, we deem it a…
2Cited by6 opinions
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- Crews v. CrewsSupreme Court of Georgia · 1931
- Willingham v. BentonCourt of Appeals of Georgia · 1920
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