Cincinnati, New Orleans & Texas Pacific Railway Co. v. Pless & Slade
Court of Appeals of Georgia
Attachment, from city court of Cordele — Judge Strozier. August 15, 1907. On May 11, 1907, Pless & Slade sued out, before the city court of Cordele, an attachment against the Cincinnati, New Orleans & Texas Pacific Bailway Company on the ground of non-residence, and caused it to be levied on a box-car of that company, found in the yard of the Atlanta, Birmingham & Atlantic Bailway Company, at Cordele. During the same month the defendant executed a statutory replevy bond.
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Attachment, from city court of Cordele — Judge Strozier. August 15, 1907. On May 11, 1907, Pless & Slade sued out, before the city court of Cordele, an attachment against the Cincinnati, New Orleans & Texas Pacific Bailway Company on the ground of non-residence, and caused it to be levied on a box-car of that company, found in the yard of the Atlanta, Birmingham & Atlantic Bailway Company, at Cordele. During the same month the defendant executed a statutory replevy bond. Subsequently the defendant entered a special appearance, and made a motion to quash the attachment, upon many grounds,…
1Opinion of the CourtPowell, J.
(After stating the facts as above.)
The giving of the replevy bond was a general appearance by the defendant, dissolving the attachment and converting it from an •action in rem into an action in personam. Thompson v. Wright, 22 Ga. 607; Walter v. Kierstead, 74 Ga. 19; King v. Randall, 95 Ga. 449; Woodbridge v. Drought, 118 Ga. 671. “When the defendant has given bond and security, as provided in this code, or when he has appeared and made defense by himself or attorney •at law, or when he has been cited to appear, as provided in this ■code, the judgment rendered against him in such case shall…
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