Warren v. Purtell
Supreme Court of Georgia
New trial. Practice in the Superior Court. Claim. Attachment. Amendment. Before Judge Hillyer. Fulton Superior Court. October Term, 1878. Purtell sued out an attachment returnable to the justice court of the 1026th district, G. M., against Warren, which was levied by a constable on certain personalty, to which a claim was interposed by Mrs. Warren. The attachment was directed “ To all and singular the sheriffs and bailiffs of the state.”
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New trial. Practice in the Superior Court. Claim. Attachment. Amendment. Before Judge Hillyer. Fulton Superior Court. October Term, 1878. Purtell sued out an attachment returnable to the justice court of the 1026th district, G. M., against Warren, which was levied by a constable on certain personalty, to which a claim was interposed by Mrs. Warren. The attachment was directed “ To all and singular the sheriffs and bailiffs of the state.” The property was found subject by the justice, and an appeal entered to the superior court. On the trial in the latter tribunal, the only evidence introduced…
1Opinion of the Court
Bleckley, Justice.
1. The claimant’s counsel no doubt reasoned well. The circumstances indicated that the case would not be reached,, or if reached, that it would not he tried so early in the term. But the presence or absence of parties and counsel when their cases are called in their order for trial, cannot be left to sound reasoning. Probability cannot be made the measure 'of progress in the dispatch of business. As we all know, sometimes there is a drag and sometimes a run ; and those having business to attend to in court must bear in mind that a wide variation from the average rate of…
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