Fincher v. Stanley Electric Manufacturing Co.
Supreme Court of Georgia
Attachment. Before Judge Reagan. Butts superior court. November 23, 1905. An attachment was sued out and levied, and the plaintiff filed a declaration in attachment, properly paragraphed. No traverse or defense was filed. When the case came on for trial, counsel for the plaintiff submitted evidence showing that without their knowledge or consent, and without payment of their fees, the parties had made a settlement of the case.
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Attachment. Before Judge Reagan. Butts superior court. November 23, 1905. An attachment was sued out and levied, and the plaintiff filed a declaration in attachment, properly paragraphed. No traverse or defense was filed. When the case came on for trial, counsel for the plaintiff submitted evidence showing that without their knowledge or consent, and without payment of their fees, the parties had made a settlement of the case. Proof was made as to what would be reasonable attorney’s fees for counsel for the plaintiff, but no further evidence was submitted to establish the alleged indebtedness…
1Opinion of the CourtEvans, J.
The controlling question in this case is whether the pleading.act of 1893, as contained in the Civil Code, §4961, is applicable in all respects in cases of attachment in those courts where a declaration in attachment is required to be filed. Civil Code, §4960, is as follows: “All suits in the superior courts for legal or equitable relief, or both, shall be by petition to the court, signed by the plaintiff or his counsel, plainly, fully, and distinctly setting forth his charge, ground of complaint and demand, and the names of the persons against whom process is prayed.” Section 4961 provides…
2Cases cited5 opinions
- Hudson v. HudsonSupreme Court of Georgia · 1904
- Royal v. McPhailSupreme Court of Georgia · 1895
- Baker v. Aultman & Co.Supreme Court of Georgia · 1899
- Moses v. KittleSupreme Court of Georgia · 1898
- Bird v. SparksSupreme Court of Georgia · 1897
3Cited by11 opinions
- Cheek v. J. Allen Couch & Son Funeral HomeCourt of Appeals of Georgia · 1972
- HOMASOTE COMPANY v. StanleyCourt of Appeals of Georgia · 1961
- Watters & Co. v. O'NeillSupreme Court of Georgia · 1921
- Askew v. MelvinSupreme Court of Georgia · 1915
- Fort-Mims & Haynes Co. v. Branan-Akers Co.Supreme Court of Georgia · 1913
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