Foster v. Higginbotham
Supreme Court of Georgia
Attachment. Claim. Practice in the Supreme Court. On September 12th, 1871, Higginbotham sued out an attachment against one George W. Lay as principal, and Charles Lay as security, for $900 00, besides interest, upon the ground that they resided out of the State. The attachment was levied upon certain land as the property of the defendants. Judgment was obtained, and the execution issuing therefrom was levied upon the same land as belonging to Charles Lay.
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Attachment. Claim. Practice in the Supreme Court. On September 12th, 1871, Higginbotham sued out an attachment against one George W. Lay as principal, and Charles Lay as security, for $900 00, besides interest, upon the ground that they resided out of the State. The attachment was levied upon certain land as the property of the defendants. Judgment was obtained, and the execution issuing therefrom was levied upon the same land as belonging to Charles Lay. A claim was interposed to this property by Thomas A. Foster. Upon the trial of the issue thus formed, much evidence was introduced to show…
1Opinion of the Court
Trippe, Judge.
1. In Dow, Wilson & Herreman vs. Smith & Company, 8 Georgia, 551, the contest was over the distribution of money in the hands of the sheriff. One party claimed as general judgment creditors — the other claimed under a judgment on attachment of older date. The former tendered an issue traversing the truth of the ground of the attachment alleged in the affidavit on which it was sued out. The judgment of the Court below, refusing to permit the issue to be made, was affirmed. This Court said, “it is exceedingly questionable whether this could be done by the defendants themselves,…
2Cited by1 opinion
- Smith v. WilsonSupreme Court of Georgia · 1877