Latimer v. Sweat
Supreme Court of Georgia
Motion to amend judgment. Before Judge Reynolds, City court of Waycross. July 13, 1905. On January 20, 1902, Latimer made affidavit before a justice of the peace for the purpose of obtaining an attachment for purchase-money against D. J. Crawley & Company, a partnership alleged to be composed of D. J. Crawley and Cary Sweat. An attachment was issued, and, on January 23, was levied on the property described in it.
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Motion to amend judgment. Before Judge Reynolds, City court of Waycross. July 13, 1905. On January 20, 1902, Latimer made affidavit before a justice of the peace for the purpose of obtaining an attachment for purchase-money against D. J. Crawley & Company, a partnership alleged to be composed of D. J. Crawley and Cary Sweat. An attachment was issued, and, on January 23, was levied on the property described in it. On the same day a notice was directed to D. J. Crawley & Company, a partnership composed of D. J. Crawley and C. M. Sweat. The body of it was as follows: “You are hereby notified an…
1Opinion of the CourtLumpkin, J.
(After stating the facts.) 1. Primarily, a proceeding by attachment subjects only the property on which a levy is made, and the judgment is one to be realized from such property. A general judgment against the defendant is not rendered. The plaintiff in attachment may proceed for the purpose of obtaining a general judgment, in the manner pointed out by the statute. To do this, however, he must comply with the terms of the statute. The Civil Code, §4557, declares: “The plaintiff, his agent, or attorney at law, may give notice in writing to the defendant of the pendency of such attachment and…
2Cases cited11 opinions
- McCandless v. ConleySupreme Court of Georgia · 1902
- Pool v. PerdueSupreme Court of Georgia · 1871
- City of Atlanta v. Grant, Alexander & Co.Supreme Court of Georgia · 1876
- Saffold v. WadeSupreme Court of Georgia · 1876
- Carithers v. VenableSupreme Court of Georgia · 1874
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Harvard v. DavisSupreme Court of Georgia · 1916
- Bank of Tupelo v. CollierSupreme Court of Georgia · 1941
- Crowell v. CrowellSupreme Court of Georgia · 1940
- Johnston v. SheppardCourt of Appeals of Georgia · 1918
- Hubbard v. WhatleySupreme Court of Georgia · 1946
13 more not listed; retrieve them via the Exa API.