Hines & Hobbs v. H. I. Kimball & Co.
Supreme Court of Georgia
Attachment. Claim. Affidavit. Before Judge Strozieb. Dougherty Superior Court. October Term, 1872. Hines & Hobbs sued out an attachment against H. I. Kim-ball & Company, upon an affidavit to the effect “that Hannibal I. Kimball & Company, said firm composed of said Hannibal I. Kimball, and certain parties unknown to deponent, are indebted (o said firm of Hines & Hobbs in the sum of five thousand, five hundred and thirty-seven dollars and seventy-five cents, ($5,537 75) and…
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Attachment. Claim. Affidavit. Before Judge Strozieb. Dougherty Superior Court. October Term, 1872. Hines & Hobbs sued out an attachment against H. I. Kim-ball & Company, upon an affidavit to the effect “that Hannibal I. Kimball & Company, said firm composed of said Hannibal I. Kimball, and certain parties unknown to deponent, are indebted (o said firm of Hines & Hobbs in the sum of five thousand, five hundred and thirty-seven dollars and seventy-five cents, ($5,537 75) and that said Hannibal I. Kimball & Company absconds.” The attachment was levied upon certain personalty as the property of…
1Opinion of the Court
McCay, Judge.
Without question, a claimant may attack the plaintiff’s judgment for any thing which makes it void. He may do this even collaterally on the trial of the claim. So, too, does it seem to us he can do it directly by a motion in the Court of its origin: Revised Code, sections 3534, 3535, 3538. We do not think this attachment void. It sets forth that H. I. Kimball & Company are indebted; that H. I. Kimball & Company are a firm of which the partners are H. I. Kimball and other persons to the affiant unknown, and that H. I. Kimball & Company abscond.
It is said that this is only saying…
2Cited by7 opinions
- Page v. Citizens Banking Co.Supreme Court of Georgia · 1900
- Drucker & Brother v. Wellhouse & SonsSupreme Court of Georgia · 1888
- DeLeon v. Heller, Hirsch & Co.Supreme Court of Georgia · 1886
- Parker & Co. v. MathewsSupreme Court of Georgia · 1898
- ROMAR ACCEPTANCE CORPORATION v. ParhamSupreme Court of Georgia · 1957
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