Cowart v. Caldwell Co.
Supreme Court of Georgia
Attachment. Before Judge Worrill. Early superior court. On October 18, 1907, J. S. Cowart sued-out an attachment against W. E. Caldwell & Co., to recover the -amount of a -debt alleged to be due the plaintiff, the ground of the attachment being that’“the said W. E. Caldwell & Co. resides out of this State.”
Read the full summary
Attachment. Before Judge Worrill. Early superior court. On October 18, 1907, J. S. Cowart sued-out an attachment against W. E. Caldwell & Co., to recover the -amount of a -debt alleged to be due the plaintiff, the ground of the attachment being that’“the said W. E. Caldwell & Co. resides out of this State.” The proceeding was returnable to the April term, 1908,- of the superior court of Early county, and upon it summons of garnishment was issued against D. W. James, individually and as trustee in bankruptcy of the estate of T. A. Bailey. On October 25, 1907, James, in response to the summons…
1Opinion of the CourtFish, C. J.
(After stating the facts.) The question whether the court erred in allowing the amendment to the plaintiff’s proceedings, by which the words, “W. E. Caldwell Co., a corporation,” were inserted in lieu of the words, “W. E. Caldwell & Co.” wherever the latter occurred, is not before the court,’ as no exception to this ruling was taken. For a like -reason, the overruling of the “special appearance” motion to dismiss is not before us. This last-mentioned ruling, of course, naturally followed the other, as after the amendment was allowed the proceedings were clearly against the W. E. Caldwell Co.…
2Cases cited13 opinions
- Lyons v. Planters' Loan & Savings BankSupreme Court of Georgia · 1890
- Savannah, Florida & Western Rwy. Co. v. AtkinsonSupreme Court of Georgia · 1894
- Southern Railway Co. v. CookSupreme Court of Georgia · 1899
- Field v. JonesSupreme Court of Georgia · 1852
- McAndrew v. Irish-American BankSupreme Court of Georgia · 1903
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Priestly v. Hilliard & TaborCourt of Appeals for the Ninth Circuit · 1911
- McDonald v. Kimball Co.Supreme Court of Georgia · 1915
- Busby & Son v. ElliottCourt of Appeals of Georgia · 1918
- Harper v. AllenCourt of Appeals of Georgia · 1930
- Hensley v. MinehanCourt of Appeals of Georgia · 1922
14 more not listed; retrieve them via the Exa API.