Murphy v. Crew
Supreme Court of Georgia
Attachment. Priority of liens. Decided by Judge Gibson. Richmond Superior Court. June Term, 1868. E. M. Bruce & Co. sued out an attachment against Crew, and had garnishment served on Josiah Sibley & Sons. After-wards, Murphy, also, sued out attachment against Crews, and had garnishment served on said garnishees. Murphy obtained judgment against Crews, in June, 1867, for $131 88, and interest.
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Attachment. Priority of liens. Decided by Judge Gibson. Richmond Superior Court. June Term, 1868. E. M. Bruce & Co. sued out an attachment against Crew, and had garnishment served on Josiah Sibley & Sons. After-wards, Murphy, also, sued out attachment against Crews, and had garnishment served on said garnishees. Murphy obtained judgment against Crews, in June, 1867, for $131 88, and interest. The garnishees answered that they owed Crews $4,033 57; stated that E. M. Bruce & Co. had, also, previously served them with garnishment, and prayed the protection of the Court. On the 5th of June, 1868,…
1Opinion of the CourtBrown, C. J.
The single question presented by this record is, whether E. M. Bruce & Co., who lost the priority which they had obtained over Murphy by the first service, of their attachment, by serving Josiah Sibly & Sons with summons of garnishment, regained that priority, by obtaining the consent of the defendant in attachment, and the leave of the Court, to reinstate their case on the docket? We think not.
While we do not question the right of the Court to grant the order to reinstate the case, both plaintiffs and defendants consenting, we hold that this could only be done subject to the rights which…
2Cases cited2 opinions
- Perdue v. BradshawSupreme Court of Georgia · 1855
- Georgia Rail Road & Banking Co. v. HarrisSupreme Court of Georgia · 1848
3Cited by1 opinion
- Jaffray v. H. B. Claflin Co.Supreme Court of Missouri · 1893