Smith v. Gettinger
Supreme Court of Georgia
Motion to set aside judgment in attachment, by a junior attachment creditor, and issue tendered suggesting want of consideration or cause of action, to support the prior attachment judgment. In Muscogee Superior Court. Before Judge Alexander. May Term, 1847. For the facts of the case, and the issue tendered in the Court below, see the opinion delivered by the Supreme Court.
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
Upon a rule against the sheriff for the distribution of money raised by attachment, the plaintiff in error, holding an attachment lien junior to that of the defendants, sought to'set aside their lien. The attachment claim of both parties had been reduced to judgment. For the purpose of vacating the judgment of the defendants and thereby defeating their older lien, the plaintiff in error tendered to them in the Court below the following issues :
1. That said Gettinger & Barschall, (the defendants in error,) have no judgment against Benjamin Hurd,…
2Cases cited4 opinions
- Carver v. JacksonSupreme Court of the United States · 1830
- Wren v. Hynes' administratorCourt of Appeals of Kentucky · 1859
- Case v. ReeveNew York Supreme Court · 1817
- Denny v. WarrenMassachusetts Supreme Judicial Court · 1820
3Cited by24 opinions
- Roadway Express Inc. v. McBroomCourt of Appeals of Georgia · 1939
- Price v. CarltonSupreme Court of Georgia · 1904
- Morris v. Georgia Power CompanyCourt of Appeals of Georgia · 1941
- Roberts v. HillCourt of Appeals of Georgia · 1950
- State Bar of Ga. v. BeazleySupreme Court of Georgia · 1986
19 more not listed; retrieve them via the Exa API.