Lester v. Luttrell

Bkll, Judge.

When an attachment is returnable to the superior or county court, the plaintiff shall file his declaration at the first term. Code § 8-601. It is undisputed that no declaration was filed in this case after the attachment. However, the plaintiff contends that his petition for attachment was equivalent to a declaration, and even though it was defective, the defect was amendable and the judgment cured the defect. Code § 110-702.

In Mehring v. Charles, 58 Ga. 377, the Supreme Court held that the seizure of the defendant’s property by process of attachment will give the court…