Legal Opinion
Lancaster v. Neal
Court of Appeals of Georgia
Decided August 29, 1930No. 20112PublishedCited by 4 opinions
1Opinion of the CourtBell, J.
Although an attachment may be absolutely void, yet if the defendant appears and pleads to the merits, the plaintiff is entitled to proceed for a general verdict and judgment on the declaration. Thus, in the present case, it is immaterial whether the court erred in refusing to dismiss the attachment upon any of the grounds urged in the defendant’s motion, the defendant having answered the declaration, and the plaintiff having elected to take only a general judgment. Civil Code (1910), §§ 5103, 5121; Cincinnati &c. Ry. Co. v. Pless, 3 Ga. App. 400 (60 S. E. 8); Henderson v. Phillips, 6 Ga. App.…
2Cases cited10 opinions
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. Pless & SladeCourt of Appeals of Georgia · 1908
- Cowart v. Caldwell Co.Supreme Court of Georgia · 1910
- Render & Hammett v. Hartford Fire InsuranceCourt of Appeals of Georgia · 1925
- McAndrew v. Irish-American BankSupreme Court of Georgia · 1903
- Falligant v. BlitchCourt of Appeals of Georgia · 1917
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3Cited by4 opinions
- Southern Motors of Savannah Inc. v. KriegerCourt of Appeals of Georgia · 1952
- Austell Bank v. National Bondholders Corp.Supreme Court of Georgia · 1939
- Hawthorne Industries v. Attaway AssociatesCourt of Appeals of Georgia · 1980
- Rickert v. Hill Aircraft & Leasing Corp.Court of Appeals of Georgia · 1977