Legal Opinion

United Provisions Corp. v. Board of Missions

Court of Appeals of Georgia

Decided October 16, 1924No. 15726PublishedCited by 8 opinions

1Opinion of the CourtBell, J.

1. Where, in an attachment case, “there has not been actual notice to the defendant, and constructive notice by seizure is relied upon, there must be a legal seizure.” McCrory v. Hall, 104 Ga. 666, 668 (30 S. E. 881). “The seizure must be such as to affect the owner with notice of the levy. Without it the court has no jurisdiction, and can not proceed to judgment against either the defendant or his property” Baker v. Aultman, 107 Ga. 339 (1), 341 (33 S. E. 423, 73 Am. St. Rep. 132). “Some overt act of constructive seizure by the levying officer is essential to the validity of the levy of an…

2Cases cited3 opinions

  1. Baker v. Aultman & Co.Supreme Court of Georgia · 1899
  2. McCrory v. HallSupreme Court of Georgia · 1898
  3. Groover, Conoly & Davis v. MeltonCourt of Appeals of Georgia · 1907

3Cited by8 opinions

  1. Clark Milling Co. v. St. Louis Southwestern Railway Co.Court of Appeals of Georgia · 1925
  2. Eads v. StateCourt of Appeals of Georgia · 1931
  3. Lane v. BradfieldCourt of Appeals of Georgia · 1927
  4. Oliver v. ParramoreCourt of Appeals of Georgia · 1942
  5. Scott v. Darien Motor Co.Court of Appeals of Georgia · 1932

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