Birdsong & Sledge v. Brooks
Supreme Court of Georgia
Attachment in Muscogee Inferior Court, Certiorari to the Superior Court. Decided by Judge Alexander, May Term, 1849, This was an attachment issued against Birdsong & Sledge, at the instance of Joab Brooks, returnable to the Inferior Court of Muscogee County. At the second term, after the attachment sued out, the defendants in attachment moved to dismiss the same on the ground that no declaration was filed at the first term, as required by the Statute.
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Attachment in Muscogee Inferior Court, Certiorari to the Superior Court. Decided by Judge Alexander, May Term, 1849, This was an attachment issued against Birdsong & Sledge, at the instance of Joab Brooks, returnable to the Inferior Court of Muscogee County. At the second term, after the attachment sued out, the defendants in attachment moved to dismiss the same on the ground that no declaration was filed at the first term, as required by the Statute. A declaration had been filed previous to the making of the motion. The Inferior Court sustained the motion; and dismissed the attachment. Upon…
1Opinion of the Court
By the Courts —
Warner, J.
delivering the opinion.
[l.] The only questiqn in this case is, as to the construction to be given to the Act of 29th December, 1838, relative to the filing declarations, founded on the process of attachment. The Act of 1838, declares that “ declarations, founded on attachments, may be filed at the first term of the Court, to which the same shall be returned.” Hotchkiss, 553. The public interest requires that all suits in our Courts should be determined as speedily as possible, and the interest of the party, whose property is seized under the process of attachment,…
2Cited by19 opinions
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- Murchie v. CliffordSupreme Court of New Hampshire · 1911
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