Burnette v. Johnson

1. The validity of a replevy bond filed by a defendant in attachment as provided in the Civil Code, § 5113, is dependent upon the validity of the attachment; and where the attachment has been dismissed, no liability attaches against the surety on the replevy bond, notwithstanding the plaintiff in attachment may, after obtaining jurisdiction in personam over the defendant, have proceeded with the suit and obtained a common-law judgment thereon against the defendant. Bruce v. Conyers, 54 Ga. 678; Williamson v. Williamson, 154 Ga. 788 (115 S. E. 805). Anything to the contrary contained in…