Vaughn v. Boyd
Supreme Court of Georgia
Attachment. Before Judge Frank Park. Decatur superior court. May 7, 1913. On April 11, 1912, C. H. Boyd sued out a writ of attachment against J. A. Vaughn, on the ground of non-residence, returnable to the superior court of Decatur county, which met on the second Monday in May. The case was not ripe for trial before the second term of court, and the plaintiff had the entire first term within which to file his declaration in attachment.
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Attachment. Before Judge Frank Park. Decatur superior court. May 7, 1913. On April 11, 1912, C. H. Boyd sued out a writ of attachment against J. A. Vaughn, on the ground of non-residence, returnable to the superior court of Decatur county, which met on the second Monday in May. The case was not ripe for trial before the second term of court, and the plaintiff had the entire first term within which to file his declaration in attachment. The writ was levied upon four certificates of stock in a certain corporation. The defendant, who was a resident of Florida, went to Decatur county for the…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.) Outside of this State, it is established by the great weight of authority that a non-resident suitor going into a State for the sole purpose of attending the trial of his case is privileged from the service of civil process while coming to, returning from, and attending upon the court for the purpose of such trial, Of course, this means a reasonable opportunity to come and go, and would not authorize a party to linger indefinitely and still claim immunity. In Andrews v. Lembeck, 46 Ohio St. 40 (18 N. E. 483, 15 Am. St. R. 547), it was said: “The question…
2Cases cited11 opinions
- Thornton v. American Writing Machine Co.Supreme Court of Georgia · 1889
- Palmer v. RowanNebraska Supreme Court · 1887
- Nichols v. HortonU.S. Circuit Court for the District of Northern Iowa · 1882
- Henegar v. SpanglerSupreme Court of Georgia · 1859
- Greenleaf v. People's Bank of BuffaloSupreme Court of North Carolina · 1903
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3Cited by12 opinions
- Lamb v. SchmittSupreme Court of the United States · 1932
- Evans v. KloeppelSupreme Court of Florida · 1916
- Hutto v. PlagensSupreme Court of Georgia · 1985
- Lomax v. LomaxSupreme Court of Georgia · 1933
- Turner v. McGeeSupreme Court of Georgia · 1962
7 more not listed; retrieve them via the Exa API.