Hendricks v. Georgia Fertilizer Co.
Court of Appeals of Georgia
1Opinion of the CourtJenkins, P. J.
In attachment cases, where no personal judgment is sought, the levy takes the place of service. Still, under the ruling in Albright-Pryor Co. v. Pacific Selling Co., 126 Ga. 498, 502 (55 S. E. 251, 15 Am. St. R. 108), the jurisdiction of the court depends upon the proceedings prior to the return term, and if there has been no seizure of the property of the defendant before the return term, the court is without jurisdiction in the matter, and all subsequent proceedings are invalid. Consequently, it is well settled that if the court had failed to acquire jurisdiction at the return term by a…
2Cases cited5 opinions
- Albright-Pryor Co. v. Pacific Selling Co.Supreme Court of Georgia · 1906
- McDonald v. Kimball Co.Supreme Court of Georgia · 1915
- Manley v. McKenzieSupreme Court of Georgia · 1907
- Hensley v. MinehanCourt of Appeals of Georgia · 1922
- West v. Gainesville National BankCourt of Appeals of Georgia · 1924
3Cited by5 opinions
- Holsenbeck v. ArnoldCourt of Appeals of Georgia · 1947
- Tennessee-Virginia Construction Co. v. WillinghamCourt of Appeals of Georgia · 1968
- Family Finance Co. v. DowningCourt of Appeals of Georgia · 1935
- Pollock Paper Corp. v. KleboldCourt of Appeals of Georgia · 1961
- Council Bros. v. International Agricultural Corp.Court of Appeals of Georgia · 1932