Legal Opinion
Hensley v. Minehan
Court of Appeals of Georgia
Decided November 23, 1922No. 13344PublishedCited by 6 opinions
1Opinion of the CourtJenkins, P. J.
1. Under section 5084 of the Civil Code (1910), an attachment for purchase-money cannot issue until the debt is due; and where the affidavit for the attachment does not so allege, the attachment is subject to dismissal. Lorillard v. Barrett, 77 Ga. 45; Joseph v. Stein, 52 Ga. 332, 333. The rule is otherwise in attachments based upon other grounds, in which event “ the debtor shall be subject to attachment in the same manner and to the same extent as in cases where the debt is due, except that where the debt does not become due before final judgment, execution upon the judgment shall be stayed…
2Cases cited19 opinions
- Penn & Watson v. McGheeCourt of Appeals of Georgia · 1909
- Cowart v. Caldwell Co.Supreme Court of Georgia · 1910
- Collins v. TaylorSupreme Court of Georgia · 1907
- Heard v. National BankSupreme Court of Georgia · 1901
- Levin v. American Furniture Co.Supreme Court of Georgia · 1909
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3Cited by6 opinions
- Smith v. R. F. Brodegaard & Co.Court of Appeals of Georgia · 1948
- Harmon v. WigginsCourt of Appeals of Georgia · 1934
- Hendricks v. Georgia Fertilizer Co.Court of Appeals of Georgia · 1929
- Kazakos v. SoteresCourt of Appeals of Georgia · 1969
- West v. Gainesville National BankCourt of Appeals of Georgia · 1924
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