Legal Opinion

Ubico Milling Co. v. Poythress

Court of Appeals of Georgia

Decided September 30, 1922No. 13134Published

1Opinion of the CourtStephens, J.

1. Where an attachment issued is not void, a replevy of the property by the defendant in attachment, by giving the required statutory bond, amounts to an appearance by the defendant, and will thereby convert the proceedings to one in personam and give the plaintiff the right to proceed against the defendant as at common law, provided the court could have obtained jurisdiction of the defendant had the suit originally been brought as at common law. See, in this connection: Civil Code (1910), § 5121; Woodbridge v. Drought, 118 Ga. 671 (45 S. E. 266); Tygart v. Domestic Elec. Co., 151 Ga. 624…

2Cases cited2 opinions

  1. Woodbridge v. DroughtSupreme Court of Georgia · 1903
  2. Tygart v. Domestic Electric Co.Supreme Court of Georgia · 1921

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