Neal v. Gordon
Supreme Court of Georgia
Attachments. Replevy bond. Principal and security. Judgments. Before Judge MoOutchen. Catoosa Superior Court. August Term, 1877. Attachment was sued out by Neal against Gallaher, based on an affidavit as set forth in the second head-note. A levy was made and the property replevied by Cordon’s becoming security. When the case was called a motion was made to dismiss the attachment by the defendant because of the insufficiency of the affidavit.
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Attachments. Replevy bond. Principal and security. Judgments. Before Judge MoOutchen. Catoosa Superior Court. August Term, 1877. Attachment was sued out by Neal against Gallaher, based on an affidavit as set forth in the second head-note. A levy was made and the property replevied by Cordon’s becoming security. When the case was called a motion was made to dismiss the attachment by the defendant because of the insufficiency of the affidavit. It was overruled and the case proceeded to trial. The plaintiff recovered, and a judgment was rendered against the defendant and the security on the…
1Opinion of the Court
Bleckley, Judge.
1. The security on replevy bond in attachment, has no opportunity to defend during the trial. He is bound by the judgment, if the judgment is legal; but there can be no legal judgment as to him where the attachment is void. An adverse ruling, made on the motion of the principal to dismiss the attachment, is not conclusive upon the security. A motion by the latter in arrest of judgment as to himself, will be entertained if made at the same term of the court..2. The ground of attachment must be sworn to positively, though the debt may be sworn to in a more qualified man*114ner. 9…
2Cases cited2 opinions
- Deupree v. EisenachSupreme Court of Georgia · 1851
- Kennon & Klink v. Evans, Gardner & Co.Supreme Court of Georgia · 1867
3Cited by12 opinions
- Herring v. StateSupreme Court of Georgia · 1904
- Evans v. KloeppelSupreme Court of Florida · 1916
- Longshore v. CollierCourt of Appeals of Georgia · 1927
- McDonald v. Kimball Co.Supreme Court of Georgia · 1915
- Craig v. Herring & TurnerSupreme Court of Georgia · 1888
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