Buchanan v. Sterling
Supreme Court of Georgia
Attachment. Amendment. Contracts. Before Judge Hillyer. Fulton Superior Court. October Term, 1878. Sterling sued out an attachment against Mrs. Buchanan, returnable to the 1026th district G. M., and had the same levied on certain land by a constable. The justice rendered judgment against the property for the sum claimed. On appeal to the superior court, the same result was reached on a trial had before a jury.
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Attachment. Amendment. Contracts. Before Judge Hillyer. Fulton Superior Court. October Term, 1878. Sterling sued out an attachment against Mrs. Buchanan, returnable to the 1026th district G. M., and had the same levied on certain land by a constable. The justice rendered judgment against the property for the sum claimed. On appeal to the superior court, the same result was reached on a trial had before a jury. The defendant moved for a new trial upon the following grounds : 1. Because the court refused to dismiss the attachment on the grounds that the affidavit did not disclose affirmativeiy…
1Opinion of the Court
Bleckley, Justice.
1. The affidavit for attachment obviously means to affirm indebtedness. The omission of the verb is was a clerical *229slip, and can very well be supplied in construction. If the plaintiff were indicted for perjury, no court or jury could doubt that he meant to swear, and did swear, to the existence of the debt.
2. The misdirection of the attachment was amendable, Code, §3318 ; and the levy having been made by a proper officer, was not void. Warren vs. Purtell, this term.
3. It is a rare complaint against a physician that 1ns bill is too small. The law puts no such pressure upon a…
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- Mitchell v. LongSupreme Court of Georgia · 1885
- Zagoria v. DuBose Enterprises, Inc.Court of Appeals of Georgia · 1982
- Chastain-Roberts Co. v. Better Brands, Inc.Court of Appeals of Georgia · 1977
- Cheney & Matthews v. BeallSupreme Court of Georgia · 1882
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