Reid v. Moore
Supreme Court of Georgia
Motion to dismiss an appeal, in Lincoln Superior Court. Decision by Judge Baxter. April Term, 1852. B. B. Moore, as executor of Lewis Turner, prayed an attachment against the plaintiffs in error, on the ground that they resided without the State of Georgia. The writ was returnable to the Inferior Court.
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Motion to dismiss an appeal, in Lincoln Superior Court. Decision by Judge Baxter. April Term, 1852. B. B. Moore, as executor of Lewis Turner, prayed an attachment against the plaintiffs in error, on the ground that they resided without the State of Georgia. The writ was returnable to the Inferior Court. In that Court, McMillan & Van Duzer, appeared as counsellor the defendants; and a verdict being rendered for the plaintiff, the said counsel entered an appeal (with security) to the Superior Court. Counsel for plaintiff below, moved to dismiss the appeal, on the ground that neither the…
1Opinion of the Court
By the Court.
Ntsbeb, J.
delivering the opinion.
[1.] There was error in dismissing the appeal in this case. A party defendant in attachment, by the Constitution of the State and the legislation of the State, has the right to appear and answer by himself or his counsel, or both, whether he puts in special bail, or gives security or not. By the Act of 1799, the defendant may replevy by appearing and putting in special bail, or by giving bond and security to the Sheriff or other levying officer, conditioned for his appearance at the Court to which the attachment is returnable, to abide by and…
2Cited by2 opinions
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