Kennon & Klink v. Evans, Gardner & Co.
Supreme Court of Georgia
Motion to dismiss Attachment. Decided by Judge Clarke. Clay Superior Court, February Term, 1867. The affidavit upon which this attachment was issued was in this language : “ Personally appeared before me Thomas K. Appling, attorney at law, for Evans, Gardner & Co., represented by T. "VY. Evans, E. C. Gardner, "VY. B. Buckner, W. H. Evans, T. D. Feto, "W". Porter, and E. "VY.
Read the full summary
Motion to dismiss Attachment. Decided by Judge Clarke. Clay Superior Court, February Term, 1867. The affidavit upon which this attachment was issued was in this language : “ Personally appeared before me Thomas K. Appling, attorney at law, for Evans, Gardner & Co., represented by T. "VY. Evans, E. C. Gardner, "VY. B. Buckner, W. H. Evans, T. D. Feto, "W". Porter, and E. "VY. Jennings, * * * who, on oath, says that the firm of Kennon & Klink, represented by E. E. Kennon and John Klink, is justly indebted to said firm of Evans, Gardner & Co. in the sum of fifty-two hundred and fifty-nine…
1Opinion of the CourtHarris, J.
1. Under the attachment laws, previous to the adoption of our Code, the exceptions taken to the affidavit on which the attachment issued in this case, would very probably have been sustained; for the Courts were required'to hold all proceedings void which did not strictly conform to the provisions of said laws. We apprehend that the Legislature, by simply requiring now a substantial compliance in all matters of form relative to attachments, and omitting the declaration of their being void for non-conformity, has entirely changed the rule of interpretation which had theretofore existed.
Subjecte…
2Cited by5 opinions
- Neal v. GordonSupreme Court of Georgia · 1878
- Graves v. RiversSupreme Court of Georgia · 1905
- Smith v. BakerSupreme Court of Alabama · 1885
- Cochran Furniture Co. v. CorbettCourt of Appeals of Georgia · 1934
- Sheehan v. RubenCourt of Appeals of Georgia · 1951