Legal Opinion

Evans v. Smith

Court of Appeals of Georgia

Decided March 7, 1922No. 13070Published

Attachment; from city court of Eloyd county — Judge Nunnally. September 27, 1921.

1Opinion of the CourtLuke, J.

1. A declaration filed upon an attachment will proceed as at common law, although the attachment itself and the levy made thereunder be dismissed. See Busby v. Elliott, 22 Ga. App. 392 (95 S. E. 1014).

2. The evidence demanded a verdict for the plaintiff, and it was not error for the court to direct the jury to find such a verdict. The several assignments of error are without merit.

Judgment affirmed.

Broyles, C. J, and Bloodworth, J., concur.

2Cases cited2 opinions

  1. Busby & Son v. ElliottCourt of Appeals of Georgia · 1918
  2. Hopson v. Stuart Lumber Co.Court of Appeals of Georgia · 1918