Rogers v. E. M. Birdsall Co.
Supreme Court of Georgia
Attachment. Bonds. Before Judge Lawson. Morgan County. At Chambers. April 24, 1883. The E. M. Birdsall Co. petitioned for an attachment under §3297 et seq. of the Code. The attachment issued and was levied. The defendant filed an application to dissolve it. On the hearing, defendant moved to dismiss the attachment, because no bond had been given.
1Opinion of the Court
Jackson, Chief Justice.
A motion was made to dismiss the attachment, because it was granted on plaintiff’s petition before bond and security was required and given. The motion was denied, and defendant in attachment excepted. The construction of sections 3297 and 3297(a) settles the point clearly against the judgment of the court below. Section 3297 provides that, whenever a debtor shall sell or convey, for the purpose of avoiding the payment of his debts, or shall threaten or prepare so to do, his creditors may petition the judge of the superior court for an attachment, etc. This was the act…
2Cases cited1 opinion
- Hart v. HartSupreme Court of Georgia · 1874
3Cited by3 opinions
- Grimmett v. BarnwellSupreme Court of Georgia · 1937
- Clay v. Tapp, Leather & Co.Supreme Court of Georgia · 1888
- Higgins v. GosdenCourt of Appeals of Georgia · 1936