Legal Opinion

Stewart, Dunholter & Co. v. Sholl

Supreme Court of Georgia

Decided October 26, 1896PublishedCited by 7 opinions

Action on bond. Before Judge Milner. Whitfield superior court. October term, 1895. Suit was brought on tbe official bond of Slioll as clerk of •the superior court. Tbe case was submitted to filie judge without a jury. He rendered judgment for the defendants, and the plaintiffs excepted. It appears, that on 'November 14, 1892, plaintiffs sued out an attachment against J, B. Rock, which was levied on *tíbu© same day upon a lot of land by a constable.

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Action on bond. Before Judge Milner. Whitfield superior court. October term, 1895. Suit was brought on tbe official bond of Slioll as clerk of •the superior court. Tbe case was submitted to filie judge without a jury. He rendered judgment for the defendants, and the plaintiffs excepted. It appears, that on 'November 14, 1892, plaintiffs sued out an attachment against J, B. Rock, which was levied on *tíbu© same day upon a lot of land by a constable. It was returnable to the April term, 1893, of the superior court. It was handed by one of plaintiffs’ counsel to the clerk on November 21, 1892,…

1Opinion of the Court

Atkinson, Justice.

The facts are stated in the official report.

1. By the act of the General Assembly approved December 20th, 1890 (Acts 1890-91, vol. 1, p. 108), it is made the duty of the clerk of the superior court of each county to keep an attachment docket in which he is required to enter the names of plaintiff and defendant in! , attachment, the court to which it is returnable, the amount claimed, the day and hour of levy, and a brief general description of the property levied upon; and the lien of an attachment thus entered is protected against a transfer of the property levied on by the…

2Cited by7 opinions

  1. Moody v. Muscogee Manufacturing Co.Supreme Court of Georgia · 1910
  2. Harris v. WoodardSupreme Court of Georgia · 1909
  3. Dollar v. Fred W. Amend Co.Supreme Court of Georgia · 1937
  4. Cates v. DuncanSupreme Court of Georgia · 1936
  5. Rodgers v. PriceSupreme Court of Georgia · 1898

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