Parham & Co. v. Potts-Thompson Liquor Co.
Supreme Court of Georgia
Levy and claim. Before Judge Mitchell. Lowndes superior court. November 22, 1905. Potts-Thompson Liquor Company sued out an attachment against G. D. Cox, for $674.97, besides interest, alleged to be due on an open account for liquors, etc.
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Levy and claim. Before Judge Mitchell. Lowndes superior court. November 22, 1905. Potts-Thompson Liquor Company sued out an attachment against G. D. Cox, for $674.97, besides interest, alleged to be due on an open account for liquors, etc. The petition on which the attachment was issued alleged, that the defendant had sold to W. B. Par-ham & Company his stock of goods, wares and merchandise in bulk, consisting of a stock of liquors and bar fixtures in a certain storehouse, in violation of the act of the legislature, “to regulate the sale of stocks of goods, wares and merchandise in bulk,”…
1Opinion of the CourtCobb, P. J.
1. An averment in a pleading, that a named statute is “unconstitutional and void,” is too vague and indefinite to raise any question for determination. Newkirk v. So. Ry. Co., 120 Ga. 1048.
2. In eases of attachment a claim may be interposed either before or after judgment. Civil Code,- §’4574.
3. Where a claim is interposed to the levy of an attachment, before judgment, the issue is whether the property levied on is the property of the claimant, or of the defendant in attachment; and the issue so made is not affected by a subsequent judgment which did not cause the levy, even though such…
2Cases cited22 opinions
- Wright v. . HartNew York Court of Appeals · 1905
- John P. Squire & Co. v. TellierMassachusetts Supreme Judicial Court · 1904
- McDaniels v. J. J. Connelly Shoe Co.Washington Supreme Court · 1902
- People v. Noelke & MarksNew York Court of Appeals · 1883
- Walp v. MooarSupreme Court of Connecticut · 1904
17 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Cooney, Eckstein & Co. v. SweatSupreme Court of Georgia · 1909
- American Express Co., S. A. I. v. Bomar Shoe Co.Court of Appeals of Georgia · 1972
- School District of Ferndale v. Royal Oak Township School District No. 8Michigan Supreme Court · 1940
- Southern Ry. Co. v. KingCourt of Appeals for the Fifth Circuit · 1908
- Taylor v. FoldsCourt of Appeals of Georgia · 1907
19 more not listed; retrieve them via the Exa API.