Joseph & Brother v. Stein
Supreme Court of Georgia
Attachment. Pleading. Before Judge James Johnson. Muscogee Superior Court. May Term, 1874. Isaac Joseph made affidavit as follows: “Isaac Joseph, one of the firm of Joseph & Brother, composed of Moses Joseph and the said Isaac, comes before the undersigned, and ou oath saith that Abraham Stein is indebted to said firm of Joseph & Brother for the unpaid purchase money on the bill of particulars hereto annexed and marked exhibit ‘a,’ in the sum of $269 75, and that said…
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Attachment. Pleading. Before Judge James Johnson. Muscogee Superior Court. May Term, 1874. Isaac Joseph made affidavit as follows: “Isaac Joseph, one of the firm of Joseph & Brother, composed of Moses Joseph and the said Isaac, comes before the undersigned, and ou oath saith that Abraham Stein is indebted to said firm of Joseph & Brother for the unpaid purchase money on the bill of particulars hereto annexed and marked exhibit ‘a,’ in the sum of $269 75, and that said Abraham Stein is now in possession of part or all of aforesaid property.” To this affidavit were'attached the usual bond and…
1Opinion of the Court
Warner, Chief Justice.
This was an attachment sued out by the plaintiffs against the defendant under the provisions of the 3293d section of the Code. At the trial of the case, the 'defendant made a motion to dismiss the attachment because the affidavit was not sufficient, which motion the court sustained, dismissed the attachment, and plaintiffs excepted. The plaintiffs then pro-, posed to go before the jury for the purpose of obtaining a verdict and general judgment against the defendant, he having appeared and pleaded the general issue. The court refused to allow them to do so, holding that…
2Cited by8 opinions
- Cowart v. Caldwell Co.Supreme Court of Georgia · 1910
- Cade v. JenkinsSupreme Court of Georgia · 1892
- McAndrew v. Irish-American BankSupreme Court of Georgia · 1903
- Hensley v. MinehanCourt of Appeals of Georgia · 1922
- Kino v. RandallSupreme Court of Georgia · 1895
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