South Carolina Rail Road v. McDonald
Supreme Court of Georgia
Attachment, in Richmond Superior Court — before Judge Holt. Casbel McDonald, as a creditor of the South Carolina Rail Road Company, sued out air attachment, returnable to the Court of Common Pleas of Augusta, on the ground that the said Company “ resided without the State of Georgia.”' At the return term of the attachment, the Court of Common Pleas, on motion dismissed the attachment, on the ground, that “.the defendant, being a body corporate, under the laws of South…
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Attachment, in Richmond Superior Court — before Judge Holt. Casbel McDonald, as a creditor of the South Carolina Rail Road Company, sued out air attachment, returnable to the Court of Common Pleas of Augusta, on the ground that the said Company “ resided without the State of Georgia.”' At the return term of the attachment, the Court of Common Pleas, on motion dismissed the attachment, on the ground, that “.the defendant, being a body corporate, under the laws of South Carolina, and resident in that State, was not subject to the Laws of Georgia.” A certiorari was prayed, and granted by the…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] The single question made in this case, is whether the property of a foreign corporation, within the limits of this State, is subject to our attachment laws? The Circuit Judge determined that itis subject; the Judge of the Court of Common Pleas of the city of Augusta, held that it is not. Whilst .upon this question, it is conceded that there is some conflict of authority, upon principle, and also upon the preponderance of authority, as well as upon a fair construction of our attachment laws, wo *534think that such property may be attached in…
2Cases cited4 opinions
- United States v. AmedySupreme Court of the United States · 1826
- Planters' & Merchants' Bank of Mobile v. AndrewsSupreme Court of Alabama · 1839
- Bushel v. Commonwealth InsuranceSupreme Court of Pennsylvania · 1827
- Carpentier v. Delaware InsuranceSupreme Court of Pennsylvania · 1810
3Cited by3 opinions
- Southern Express Co. v. StateCourt of Appeals of Georgia · 1907
- Loudon v. ColemanSupreme Court of Georgia · 1877
- Pacific Selling Co. v. Albright-Prior Co.Court of Appeals of Georgia · 1907