Atlantic & Gulf Railroad v. Florida Construction Co.
Supreme Court of Georgia
Attachment. Lien. Judgment. Continuance. Before Judge James Johnson. Muscogee Superior Court. May Term, 1873. The Atlantic and Gulf Railroad Company and the Florida Construction Company sued out attachments against the Jacksonville, Pensacola and Mobile Railroad Company, which were levied upon three steamboats. The boats were sold and the money paid into tlie registry of the court for distribution.
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Attachment. Lien. Judgment. Continuance. Before Judge James Johnson. Muscogee Superior Court. May Term, 1873. The Atlantic and Gulf Railroad Company and the Florida Construction Company sued out attachments against the Jacksonville, Pensacola and Mobile Railroad Company, which were levied upon three steamboats. The boats were sold and the money paid into tlie registry of the court for distribution. The levy of the attachment of the Florida Construction Company was the first in point of time. Judgments were obtained at the same term of the court. The Florida Construction Company moved to have…
1Opinion of the Court
McCay, Judge.
1. It was not error to refuse to continue the issue until it was finally determined whether the Atlantic and Gulf Railroad was entitled to a general judgment. Such a judgment, if obtained, would not defeat the priority of the Construction *243Company so far as relates to the property attached. Both these creditors are attaching creditors of the defendant, and the lien of each upon the property attached is, as provided by section 3255 Irwin’s Code, to be determined by the date of the levy. True, it is provided that an attaching creditor may, by serving notice, or by replevy, or by the…
2Cited by2 opinions
- Lumpkin v. RespessSupreme Court of Georgia · 1882
- McAnally v. Bank of AbbevilleCourt of Appeals of Georgia · 1918