Fort-Mims & Haynes Co. v. Branan-Akers Co.

1. Where a declaration has been filed in the superior court on an attachment returnable" thereto, “the defendant may appear by himself or attorney at law, and make his defense at any time before final judgment is rendered against him.” Civil Code, § 5104.(a) Accordingly, the court did not err in allowing the defendants in such a ease to file a proper plea at the trial term, although the case had been marked in default at the return term. See Fincher v. Stanley Electric Mfg. Co., 127 Ga. 362 (56 S. E. 440).

2. The action in attachment was based upon indebtedness due on promissory notes. It…