Legal Opinion
Falligant v. Blitch
Court of Appeals of Georgia
Decided April 4, 1917No. 7999PublishedCited by 10 opinions
Attachment; from Bryan superior court—Judge Sheppard. November 8, 1916.
1Opinion of the CourtJenkins, J.
1. “An attachment issued upon an affidavit administered by a clerk of the superior court is absolutely void,” and consequently can not be the basis of a judgment in attachment as against the specific property seized thereunder. Heard v. national Bank of Ill., 114 Ga. 291 (40 S. E. 266); Bruce v. Conyers, 54 Ga. 678.
2. But, though such an attachment be absolutely void, this is no ground for dismissing a declaration thereon, praying- for judgment in personam, where the declaration has been properly filed and the defendant duly cited to appear, and general appearance has been made therein.…
2Cases cited4 opinions
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. Pless & SladeCourt of Appeals of Georgia · 1908
- Bruce v. ConyersSupreme Court of Georgia · 1875
- McAndrew v. Irish-American BankSupreme Court of Georgia · 1903
- Heard v. National BankSupreme Court of Georgia · 1901
3Cited by10 opinions
- Gruber v. Fulton CountyCourt of Appeals of Georgia · 1965
- Brach & Sons v. Oglesby Grocery Co.Court of Appeals of Georgia · 1925
- Duke v. Automobile Supply Co.Court of Appeals of Georgia · 1918
- Kazakos v. SoteresCourt of Appeals of Georgia · 1969
- Lancaster v. NealCourt of Appeals of Georgia · 1930
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