Legal Opinion

Waxelbaum & Brother v. Paschal & Heidingsfelder

Supreme Court of Georgia

Decided September 15, 1879PublishedCited by 3 opinions

Attachments. Before Judge Crawford. Talbot Superior Court. March Term, 1879. The only question in this case is upon the sufficiency of the following affidavit for attachment: “ Georgia — Talbot County: ‘‘Joseph Waxelbaum, one of the firm of S. Waxelbaum & Brother, a firm, composed, of Solomon Waxelbaum & Joseph Waxelbaum, comes before the undersigned, and on oath saitk that Paschal & Heidingsfelder, of said county, a firm composed of William D Paschal & Phillip…

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Attachments. Before Judge Crawford. Talbot Superior Court. March Term, 1879. The only question in this case is upon the sufficiency of the following affidavit for attachment: “ Georgia — Talbot County: ‘‘Joseph Waxelbaum, one of the firm of S. Waxelbaum & Brother, a firm, composed, of Solomon Waxelbaum & Joseph Waxelbaum, comes before the undersigned, and on oath saitk that Paschal & Heidingsfelder, of said county, a firm composed of William D Paschal & Phillip Heidingsfelder, are indebted to deponent’s firm in the sum of nine hundred and ninety-one dollars ($991.57). Said indebtedness was…

1Opinion of the Court

Jackson, Justice.

The trouble with the plaintiffs’ affidavit is that the description of the goods is not such as to enable the sheriff to *277ascertain which his process authorizes him to seize and sell. The affidavit does not show what goods, liable to attachment, are in the possession of defendants, or were in their possession when the affidavit was made and the seizure by the sheriff directed. What particular goods was the officer empowered to seize and sell? There is a general enumeration of the goods sold by plaintiffs to defendants in certain exhibits, hut these exhibits show nothing except…

2Cases cited2 opinions

  1. Bruce v. ConyersSupreme Court of Georgia · 1875
  2. Joseph & Brother v. SteinSupreme Court of Georgia · 1874

3Cited by3 opinions

  1. Cochran Furniture Co. v. CorbettCourt of Appeals of Georgia · 1934
  2. Collins v. MillerCourt of Appeals of Georgia · 1909
  3. Spaulding & Co. v. EvansOhio Superior Court, Cincinnati · 1907

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