Sutton v. Gunn
Supreme Court of Georgia
Attachment. Notice. Demand. Judgment. 'Constitutional law. Process. Practice. Before Judge Harris. City court of Macon. June term, 1890. The error assigned is, that the city court overruled the motion of Edward and Emily Sutton to set aside a verdict and judgment in attachment in favor of Gunn against them, the motion being upon the grounds that the verdict was rendered by the judge of the court to which the attachment was returnable, upon a conditional contract, without a…
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Attachment. Notice. Demand. Judgment. 'Constitutional law. Process. Practice. Before Judge Harris. City court of Macon. June term, 1890. The error assigned is, that the city court overruled the motion of Edward and Emily Sutton to set aside a verdict and judgment in attachment in favor of Gunn against them, the motion being upon the grounds that the verdict was rendered by the judge of the court to which the attachment was returnable, upon a conditional contract, without a jury; that there was no verdict to support the judgment; that the attachment was sworn out March 20, 1889, and the…
1Opinion of the Court
Bleckley, Chief Justice.
1. The law of attachment for purchase money is the same as the general law of attachment, except in certain particulars, such as the grounds upon which the writ is issued and the property on which it is to be levied, Code, §3296. That a general judgment can be recovered in such a case, where there is voluntary appearance by the defendant, followed by pleading, is held *655in Joseph v. Stein, 52 Ga. 832. Also, where the property has been replevied. Camp v. Cahn, 53 Ga. 558. In the present case there was neither appearance nor replevy, but there was written notice given more…
2Cases cited7 opinions
- Flint River Steamboat Co. v. FosterSupreme Court of Georgia · 1848
- Foster v. MorseMassachusetts Supreme Judicial Court · 1882
- Camp v. CahnSupreme Court of Georgia · 1875
- Lawver v. LanghansIllinois Supreme Court · 1877
- Juchter v. Boehm, Bendheim & Co.Supreme Court of Georgia · 1879
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3Cited by30 opinions
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- Crowell v. AkinSupreme Court of Georgia · 1921
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