Clay v. Tapp, Leather & Co.
Supreme Court of Georgia
Attachment. Fraud. Debtor and Creditor. Bonds. Before Judge Fort. Sumter Superior Court. April Adjourned Term, 1887. This decision embraces three cases, numbered on the Supreme Court dockets, 7, 8 and 10 of the Southwestern circuit. Attachments in favor of the defendants in error were levied on a stock of goods as the property of Dickson & Yigal, and Clay interposed a claim.
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Attachment. Fraud. Debtor and Creditor. Bonds. Before Judge Fort. Sumter Superior Court. April Adjourned Term, 1887. This decision embraces three cases, numbered on the Supreme Court dockets, 7, 8 and 10 of the Southwestern circuit. Attachments in favor of the defendants in error were levied on a stock of goods as the property of Dickson & Yigal, and Clay interposed a claim. On refusal to dismiss the attachments, the cases went to trial, which resulted in verdicts finding the property subject; andón refusal of new trial, the claimant excepted, assigning error on such refusal, and on the…
1Opinion of the Court
Bleckley, Chief Justice.
These three case were argued together. They each involve the question whether the court should have dismissed the levy upon motion of the claimant. In No. 7, the attachment was issued November 12th, 1885; the bond was *597given and approved by the clerk November 13th; the levy was made on the 13th ; the petition was sworn to by the plaintiffs’ attorney, the affidavit being that “ the statements contained in the petition are based upon the affidavits by M. B. Council and--Timberlake, here to the court shown, except as to the amount of the debt, and that is true to the best…
2Cases cited2 opinions
- Loeb v. Smith Bros. & Co.Supreme Court of Georgia · 1887
- Rogers v. E. M. Birdsall Co.Supreme Court of Georgia · 1883
3Cited by3 opinions
- Grimmett v. BarnwellSupreme Court of Georgia · 1937
- Gray v. NeillSupreme Court of Georgia · 1890
- Higgins v. GosdenCourt of Appeals of Georgia · 1936