Nix v. Davis

Jordan, Judge.

Code § 8-601 provides that: “[W]hen the attachment is returnable to the superior or county court, the plaintiff shall file his declaration at the first term.” Under the mandatory provisions of this Code section, the declaration in a case commenced by attachment must be filed at the term of court to which the attachment is returnable, “the first term” as quoted in the above Code section being the return term of the writ of attachment. Russell v. Faulkner, 89 Ga. 818 (2) (15 SE 756). “The failure of the plaintiff to file his declaration in attachment at the first term is a very…