Kimball v. Nicol & Davidson
Supreme Court of Georgia
Attachment. Judgments. Pleadings. Practice in the Superior Court. Before Judge Peeples. Pulton Superior Court. April Adjourned Term, 1876. On January 2d, 1872, Nicol & Davidson commenced suit by attachment against Kimball. A declaration was filed at the April term, 1872, and at the next succeeding term, on October 26th, 1872, a general judgment was rendered by the court in favor of the plaintiffs against defendant.
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Attachment. Judgments. Pleadings. Practice in the Superior Court. Before Judge Peeples. Pulton Superior Court. April Adjourned Term, 1876. On January 2d, 1872, Nicol & Davidson commenced suit by attachment against Kimball. A declaration was filed at the April term, 1872, and at the next succeeding term, on October 26th, 1872, a general judgment was rendered by the court in favor of the plaintiffs against defendant. On June 8th, 1876, during a regular term, the defendant appeared and filed a plea, under oath, of a discharge in bankruptcy. Afterwards, on the same day, in the absence of…
1Opinion of the Court
Bleckley, Judge.
In attachment, founded on contract, where there has not been notice, replevy, or appearance, to give the court jurisdiction over the defendant’s person, and the plaintiff has, nevertheless, procured the court, without the intervention of a jury, to render a general judgment, such judgment is so far prima facie void as that the defendant may, at a subsequent term, file an issuable plea, on oath, to the action, without first moving to set the judgment aside. And while such plea is undisposed of, the plaintiff cannot ignore the appearance and pleading of the defendant, and have…
2Cases cited3 opinions
- Austin v. MarkhamSupreme Court of Georgia · 1871
- Carithers v. VenableSupreme Court of Georgia · 1874
- Mahone v. PerkinsonSupreme Court of Georgia · 1866
3Cited by6 opinions
- Latimer v. SweatSupreme Court of Georgia · 1906
- Parks v. WilliamsSupreme Court of Georgia · 1912
- Hodges v. SmithSupreme Court of Georgia · 1903
- Gutschenritter v. WhitmoreSupreme Court of Iowa · 1913
- Southern Pacific Co. v. StewartSupreme Court of Georgia · 1891
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