Legal Opinion
Harmon v. Wiggins
Court of Appeals of Georgia
Decided February 9, 1934No. 23251PublishedCited by 7 opinions
1Opinion of the CourtJenkins, P. J.
Under section 5706 of the Civil Code (1910), an attachment affidavit, being an affidavit which is “the foundation of legal proceedings,” is “ amendable to the same extent as ordinary declarations, and with only the restrictions, limitations, and consequences now obtaining in the case of ordinary declarations.” Acts 1887, p. 59; Acts 1889, p. 110. As with ordinary pleadings, since the change of the previous law by these acts, an attachment affidavit is now amendable, “whether in matter of form or of substance, provided there is enough to amend by.” Civil Code, § 5681. Thus, where the affidavit…
2Cases cited35 opinions
- Reeves v. Southern Railway Co.Supreme Court of Georgia · 1905
- Dearing v. Bank of CharlestonSupreme Court of Georgia · 1848
- Chattanooga, Rome & Columbus Railroad v. JacksonSupreme Court of Georgia · 1891
- Tillman v. GibsonCourt of Appeals of Georgia · 1931
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. Pless & SladeCourt of Appeals of Georgia · 1908
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3Cited by7 opinions
- Grimmett v. BarnwellSupreme Court of Georgia · 1937
- Lawrence v. LawrenceSupreme Court of Georgia · 1943
- Ralls Corp. v. Huerfano River Wind, LLCDistrict Court, N.D. Georgia · 2014
- Peretzman v. BorochoffCourt of Appeals of Georgia · 1938
- Florida State Hospital for the Insane v. Durham Iron Co.Court of Appeals of Georgia · 1941
2 more not listed; retrieve them via the Exa API.