Neal v. Wm. N. & Wright Bookout
Supreme Court of Georgia
Attachment, in Gordon Superior Court. Tried before Judge Crook, at October Term, 1859. Thomas Neal sued out an attachment against the defendants, the Bookouts, on the ground that they abscond. The debt sued for was a promissory note for $295 00, and the attachment issued the 18th May, 1857, returnable to the July Term, 1857, of the Inferior Court of Gordon county. At that term of the Court nothing was done, except the filing of the ^declaration, as provided by law.
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Attachment, in Gordon Superior Court. Tried before Judge Crook, at October Term, 1859. Thomas Neal sued out an attachment against the defendants, the Bookouts, on the ground that they abscond. The debt sued for was a promissory note for $295 00, and the attachment issued the 18th May, 1857, returnable to the July Term, 1857, of the Inferior Court of Gordon county. At that term of the Court nothing was done, except the filing of the ^declaration, as provided by law. At the January Term, 1858, the defendants appeared and traversed the ground upon which the attachment had issued, to-wit: that…
1Opinion of the Court
By the Court
Lumpkin, J.,
delivering the opinion.
The thirty-first section of the Attachment Act of 1855-’6 declares, that it shall be lawful for the defendant in attachment to traverse the truth of the affidavit, in relation to the grounds upon which the attachment has issued, “at the return term of the attachmentand the issue thus formed is to be tried at the first term, unless good cause be shown for *42a continuance, and either party being dissatisfied with the verdict, is entitled to appeal. (Pamphlet, p. 33.)
Can the traverse thus authorized be allowed at any other than the return term of the…
2Cited by2 opinions
- Irvin v. HowardSupreme Court of Georgia · 1867
- Garrison v. McGuireCourt of Appeals of Georgia · 1966