Legal Opinion

Family Finance Co. v. Downing

Court of Appeals of Georgia

Decided July 26, 1935No. 24624PublishedCited by 2 opinions

1Opinion of the CourtGuukey, J.

Where an attachment has been sued out returnable to a certain named term of court, and at such term it appears that the attachment has never been levied in any of the ways provided by law, such attachment is at an end. “If there has been no seizure of the property of the defendant before the return term, the court is without jurisdiction in the matter, and subsequent proceedings are invalid.” Albright-Pryor Co. v. Pacific Selling Co., 126 Ga. 502 (55 S. E. 251, 115 Am. St. R. 108). The court having failed to acquire jurisdiction at the return term, levy made or summons of garnishment issued…

2Cases cited5 opinions

  1. Albright-Pryor Co. v. Pacific Selling Co.Supreme Court of Georgia · 1906
  2. Branch v. Mechanics' BankSupreme Court of Georgia · 1873
  3. Brunswick Hardware Co. v. BinghamSupreme Court of Georgia · 1900
  4. Hendricks v. Georgia Fertilizer Co.Court of Appeals of Georgia · 1929
  5. McReynolds v. ColcloughSupreme Court of Georgia · 1917

3Cited by2 opinions

  1. Dunn & McCarthy Inc. v. PinkstonCourt of Appeals of Georgia · 1936
  2. Peterson v. General Shoe Corp.Court of Appeals of Georgia · 1967

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