Legal Opinion

Wilson v. Stricker & Co.

Supreme Court of Georgia

Decided February 15, 1881PublishedCited by 8 opinions

Attachment. Pleading. Judgment. Verdict. Evidence. Before Judge HlLLYER. Fulton Superior Court. October term, 1880. Wilson, assignee in bankruptcy of Tinckham, moved to set aside two judgments in attachment obtained against Tinckham, one by Strieker & Co., the other by Louis & Co. The motions were heard together. The principal grounds were as follows : (1.) Because there was no bill of particulars filed with the petition or declaration, nor with the attachment.

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Attachment. Pleading. Judgment. Verdict. Evidence. Before Judge HlLLYER. Fulton Superior Court. October term, 1880. Wilson, assignee in bankruptcy of Tinckham, moved to set aside two judgments in attachment obtained against Tinckham, one by Strieker & Co., the other by Louis & Co. The motions were heard together. The principal grounds were as follows : (1.) Because there was no bill of particulars filed with the petition or declaration, nor with the attachment. (2.) Because it was irregular and illegal to issue two attachments for different portions of the same account; and no declaration was…

1Opinion of the Court

■Crawford, Justice.

At the October term, 1866, of Fulton superior court, two judgments in attachment were obtained against John T. Tinckman, one by Strieker & Co., for $2,856.00, the other by A. Louis & Co., for $1,664.64.

At the October term, 1868, motions were made in each case by James. B. Wilson, the assignee in bankruptcy of the said Tinckham, to set aside these judgments. The .motions lingered on the dockets until the last November term of said court, when the judge sitting as court and jury by consent, tried them together and decided against the motion to set aside, and the movant…

2Cases cited1 opinion

  1. Kolb v. CheneySupreme Court of Georgia · 1879

3Cited by8 opinions

  1. Rollins v. Personal Finance Co.Court of Appeals of Georgia · 1934
  2. Deck v. ShieldsSupreme Court of Georgia · 1943
  3. Gonackey v. General Accident, Fire & Life Assurance Corp.Court of Appeals of Georgia · 1909
  4. Holmes v. RevilleCourt of Appeals of Georgia · 1921
  5. West v. Gainesville National BankCourt of Appeals of Georgia · 1924

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