McReynolds v. Colclough
Supreme Court of Georgia
Attachment. Before Judge Wright. Walker superior court. March 2, 1916. E. A. Colclough sued out an attachment against J. H. McReynolds, Mrs. J. H. McReynolds, and Earl Cook, on the ground that they were non-residents of the State.
Read the full summary
Attachment. Before Judge Wright. Walker superior court. March 2, 1916. E. A. Colclough sued out an attachment against J. H. McReynolds, Mrs. J. H. McReynolds, and Earl Cook, on the ground that they were non-residents of the State. The return of the levying officer was that he had executed the attachment “by levying on 239 shares of the capital stock of the Crystal Springs Bleachery Company of Chiekamauga, Walker County, Ga., standing in the name of Mrs. J. H. McReynolds, wife of J. H. McReynolds, and one share of the capital stock of said corporation standing in the name of J. H. McReynolds,…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. The attachment process, being unknown to the common law, should be strictly construed and pursued; especially as against non-resident debtors. Mills v. Findlay, 14 Ga. 230. Attachment lies only for money demands, though such may spring either from contract or tort. Civil Code (1910), § 5069; Monroe v. Bishop, 29 Ga. 159. The process of attachment against non-resident debtors and the attachment against fraudulent debtors are very dif*699ferent proceedings. The former issues as a matter of course, upon affidavit made before a justice of the peace, or other…
2Cases cited6 opinions
- Tuells v. TorrasSupreme Court of Georgia · 1901
- Albright-Pryor Co. v. Pacific Selling Co.Supreme Court of Georgia · 1906
- New England Mortgage Security Co. v. WatsonSupreme Court of Georgia · 1896
- Mills v. FindlaySupreme Court of Georgia · 1853
- Cooper v. YearwoodSupreme Court of Georgia · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Chastain v. AlfordSupreme Court of Georgia · 1942
- Lester v. LuttrellCourt of Appeals of Georgia · 1962
- Family Finance Co. v. DowningCourt of Appeals of Georgia · 1935