Bruce v. Conyers
Supreme Court of Georgia
Attachment. Practice in the Supreme .Court. Before Judge Buchanan. Carroll Superior Court. April Adjourned Term, • 1875. Bruce, for the purpose of obtaining an attachment against Conyers, made affidavit that the latter was indebted to him $719 19, for the purchase money of articles now in his possession ; that he apprehended the loss of his debt, or of some part of it, unless procesas of attachment issued; that, to the best of his knowledge and belief, the following was a…
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Attachment. Practice in the Supreme .Court. Before Judge Buchanan. Carroll Superior Court. April Adjourned Term, • 1875. Bruce, for the purpose of obtaining an attachment against Conyers, made affidavit that the latter was indebted to him $719 19, for the purchase money of articles now in his possession ; that he apprehended the loss of his debt, or of some part of it, unless procesas of attachment issued; that, to the best of his knowledge and belief, the following was a correct list and description of the articles for which the debt was created: four fancy decanters, etc. A levy was made…
1Opinion of the Court
Bleckley, Judge.
1. .The motion to dismiss the attachment was not too late: 48 Georgia, 12. The defendant having filed no plea, the case was not at issue upon the merits; consequently, the 15th rule of court, and the case in 44 Georgia, 454, were no obstacles to the motion. I should hesitate to pronounce them obstacles at any stage of the proceedings, even after issue joined on the merits of the action, where, as here, the defect in the affidavit is patent, and one that renders the attachment absolutely void. *680The attachment, whether good or bad, brings the defendant into court, if he is served…
2Cited by17 opinions
- New York Casualty Co. v. LawsonTennessee Supreme Court · 1930
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. Pless & SladeCourt of Appeals of Georgia · 1908
- Planters Loan & Savings Bank v. BerrySupreme Court of Georgia · 1893
- McAndrew v. Irish-American BankSupreme Court of Georgia · 1903
- Philip Carey Co. v. SheppardCourt of Appeals of Georgia · 1917
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