Albright-Pryor Co. v. Pacific Selling Co.
Supreme Court of Georgia
Motion to set aside judgment. Before Judge Beid. City court bf Atlanta. October 25, 1905. On October 28, 1904, Albright-Pryor Co. sued out an attachment against the Pacific Selling Co., a non-resident corporation, and Thos.
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Motion to set aside judgment. Before Judge Beid. City court bf Atlanta. October 25, 1905. On October 28, 1904, Albright-Pryor Co. sued out an attachment against the Pacific Selling Co., a non-resident corporation, and Thos. Boberts & Co” a non-resident partnership, claiming an indebtedness of $1,000. This attachment was levied by serving summons of garnishment upon three railroad companies, and “also by levying on the following property as the property of defendant: 50 cases of canned salmon, contained in Southern car No. 24425,” etc. The attachment was returnable to the January term of the…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.)
1. To authorize a judgment against a person who has not appeared and answered or otherwise submitted himself to the jurisdiction. of the court, there must be not only service upon such person but also a legal return of such service. Until service has been made and a legal return entered, the court is without jurisdiction, to1 enter judgment against a defendant who has not appeared.. Wood v. Callaway, 119 Ga. 801, 803, and cases cited.
2. In attachment cases the levy takes the place of service. When no steps have been taken in an attachment case to acquire…
2Cases cited8 opinions
- Jones v. Bibb Brick Co.Supreme Court of Georgia · 1904
- Tuells v. TorrasSupreme Court of Georgia · 1901
- Henry v. Lennox-Haldeman Co.Supreme Court of Georgia · 1902
- Wood v. CallawaySupreme Court of Georgia · 1904
- Nance v. Barber and JacksonCourt of Appeals of Texas · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Love v. National Liberty InsuranceSupreme Court of Georgia · 1924
- Morris W. Haft & Bros. v. WellsCourt of Appeals for the Tenth Circuit · 1937
- Lane v. BallOregon Supreme Court · 1916
- Dickinson v. First National BankNorth Dakota Supreme Court · 1933
- Radcliffe v. Boyd Motor Lines, Inc.Court of Appeals of Georgia · 1973
22 more not listed; retrieve them via the Exa API.