Brown, Shipley & Co. v. Clayton
Supreme Court of Georgia
Attachment, in Muscogee Superior Court. Tried before Judge Iverson. November Term, 1852. This was an action founded on an attachment from Muscogee Superior Court, upon the following state of facts: In the year 1836, the plaintiff in the Court below, shipped through Harper & Holms, at Apalachicola, Florida, five hundred bales of cotton.
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Attachment, in Muscogee Superior Court. Tried before Judge Iverson. November Term, 1852. This was an action founded on an attachment from Muscogee Superior Court, upon the following state of facts: In the year 1836, the plaintiff in the Court below, shipped through Harper & Holms, at Apalachicola, Florida, five hundred bales of cotton. In the Fall of that year, they, the consignees, sold the 500 bales of cofton, and sent to Clayton an account of sales, by which they acknowledge that they have in their hands a balance to Clayton’s credit. Clayton having, by the testimony in the record, drawn…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] The demurrer to the affidavit and bond,' we are satisfied, was properly overruled. The Statute does not specify upon what character of indebtedness attachment shall issue. It authorizes it to be sued out, upon complaint on oath, that the complainant’s debtor resides out of the State, &c. &c. He who is the debtor of another is liable to it, if in any one of the positions mentioned in the Act. It is hot necessary that the debt, be evidenced by bond, or note, or balance of account acknowledged. It must be an indebtedness upon the face of the…
2Cases cited1 opinion
- Peisch v. DicksonU.S. Circuit Court for the District of Massachusetts · 1815
3Cited by10 opinions
- Wilensky v. Central of Georgia Railway Co.Supreme Court of Georgia · 1911
- Robinson v. Georgia Sav. Bank & Trust Co.Court of Appeals for the Fifth Circuit · 1939
- Presley Fruit Co. v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Minnesota · 1915
- Veltum v. KoehlerSupreme Court of Minnesota · 1901
- American Spacers, Ltd. v. RossCourt of Appeals of Georgia · 1982
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