Oliver v. Wilson
Supreme Court of Georgia
Attachment, in Charlton Superior Court. Before Judge Cochran, at October Term, 1859. This was an attachment sued out by Elijah B. Wilson,, against Oliver, on the ground, that he “ absconds defendant traversed the ground upon which said attachment issued, and denied that he did abscond, as alleged in said attachment.
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Attachment, in Charlton Superior Court. Before Judge Cochran, at October Term, 1859. This was an attachment sued out by Elijah B. Wilson,, against Oliver, on the ground, that he “ absconds defendant traversed the ground upon which said attachment issued, and denied that he did abscond, as alleged in said attachment. He further stated that he removed to Chatham county, on the 12th August, 1858, where he has since openly resided up to the present time, and did reside there on the-13th Oct. 1858, the day upon which the attachment issued,, and that he could alone be sued in Chatham county. After…
1Opinion of the Court
— Stephens J.
By the Court.
delivering the opinion.
[1.] We think the presiding Judge was right in refusing to dismiss the attachment on account of the formal defects in the bond; and in allowing those defects to be amended on motion. The attachment Act of 1856, page 38 of the Acts of 1855-’56, places the attachment, the bond, and the declaration, as to amendments, on the same footing as cases of common law, and these are amendable in matters of form by the Judiciary Act of 1799.
[2.] We think there was error in striking from the defendant’s traverse of his absconding, (the ground on which the…
2Cited by9 opinions
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- Dale v. BeasleySupreme Court of Georgia · 1914
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