Smith v. Brown

Lumpkin, Justice.

The levy of an execution issued upon a judgment rendered in an attachment case, which was begun by an alleged levy upon the defendant’s land, was met by an affidavit of illegality, the substance of which is above set forth. The question for our determination is, whether or not the affidavit ought to have been sustained.

The proposition that our code neither provides for, nor renders necessary, any notice to the defendant in an attachment proceeding, is not correct. If it were so, it would seem to follow', inevitably, that our attachment laws are violative of the constitutional…