Kolb v. Cheney

Bleckley, Justice.

In 58 Ga., 877, there was in the declaration no reference to any attachment, and that circumstance was the one of *689leading importance in tbe motion to set aside the judgment. The reasoning of the opinion delivered by the chief justice goes further, and seems to treat an allegation of the levy of the attachment, and a prayer for the appropriate judgment, as necessary. Without doubt, the declaration ought to allege the levy, describe the,.property, and pray for the proper judgment. Attachment is in the nature of a proceeding in rem, and the res should be described, and the…