Craig v. Herring & Turner
Supreme Court of Georgia
Attachments. Contracts. Judgments. Replevy bond. Parties.' Fraud. Remedies.' Before Judge Hutchins. Gwinnett superior court. September term, 1887. An execution issuing from a judgment in favor of Herring & Turner, for the use of S. C. McCandless, against A. H. Word and M. L. Word, as principals, and G. P. Craig and Robert Craig, securities, on a replevy bond, was levied on property of one of the securities.
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Attachments. Contracts. Judgments. Replevy bond. Parties.' Fraud. Remedies.' Before Judge Hutchins. Gwinnett superior court. September term, 1887. An execution issuing from a judgment in favor of Herring & Turner, for the use of S. C. McCandless, against A. H. Word and M. L. Word, as principals, and G. P. Craig and Robert Craig, securities, on a replevy bond, was levied on property of one of the securities. The securities jointly filed an affidavit of illegality on the following grounds: (1) That the attachment which was levied on the property for which the replevy bond was given, was sued…
1Opinion of the Court
Bleckley, Chief Justice.
The code, §3319, declares that after a replevy bond in attachment has been given by the defendant, it shall be lawful for the plaintiff to take judgment against the defendant and his securities upon said bond for the amount of the judgment he may recover in his said attachment case. This was done, and the securities thereupon filed their affidavit of illegality.
1. The first ground of illegality attacks the contract declared upon in the attachment suit, as one upon which no attachment would lie as against the property attached. That question was closed by the judgment,…
2Cases cited1 opinion
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