Sledge v. Lee
Supreme Court of Georgia
Debt, in Muscogee Superior Court. Tried before Judge Worrill, 19th January, 1856. This was an action brought by Sledge against Ingoldsby, Bosseau.& Halsted, principals, and Joseph A. L. Leo, surety, on an attachment bond, for damages for suing out an attachment. Lee only was served.
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Debt, in Muscogee Superior Court. Tried before Judge Worrill, 19th January, 1856. This was an action brought by Sledge against Ingoldsby, Bosseau.& Halsted, principals, and Joseph A. L. Leo, surety, on an attachment bond, for damages for suing out an attachment. Lee only was served. On the trial, plaintiff offered in evidence the affidavit and bond, (made by H. Holt, Attorney for plaintiffs in attachment, and Lee as surety,) to which defendants objected, unless Counsel for plaintiff would state he expected to show that there had been a recovery for damages against the principals. It being…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] The single question in this case is, has the defendant in attachment the right to maintain an action on the bond, without first ascertaining his damages by a suit against the plaintiff in attachment ? We hold that he cannot.
We fully appreciate the argument, ab ineonvenienti, against this conclusion. And concede that in some cases it amounts to a denial of justicefor it is true,- that attachments are frequently sued out by non-residents and transient' persons, *412whom it would often he difficult and sometimes impracticable, to sue; and…
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