Irvin v. Howard
Supreme Court of Georgia
Attachment. Motion to dismiss, etc. Before Judge Clarke. Terrell Superior Court. May Term, 1867. Johnson sued John T. Howard, William H. Turner and James Henderson, as joint contractors upon their joint note for $7,650.00, (with a credit thereon of $4,493.61, dated 5th March, 1858.) The note was dated 15th June, 1857, and due 1st January, 1858. Pending this case, to-wit, on the 24th December, 1859, Johnson sued out an attachment against Howard, making affidavit that he was…
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Attachment. Motion to dismiss, etc. Before Judge Clarke. Terrell Superior Court. May Term, 1867. Johnson sued John T. Howard, William H. Turner and James Henderson, as joint contractors upon their joint note for $7,650.00, (with a credit thereon of $4,493.61, dated 5th March, 1858.) The note was dated 15th June, 1857, and due 1st January, 1858. Pending this case, to-wit, on the 24th December, 1859, Johnson sued out an attachment against Howard, making affidavit that he was indebted to him in the sum of $3,262.50, and that Howard “ is actually removing, or is about to remove out of said…
1Opinion of the CourtWalker, J.
1. In Neal vs. Bookout, 30 Ga. Rep., 40, this Court decided that the preliminary issue in relation to the truth of the ground upon which an attachment issued, must be tendered *23at the return term of the attachment. This was authority for the Court below to strike out the traverse made at the trial of the case on appeal. The tender of this issue came too late.
2. A motion was made to dismiss the attachment upon various grounds; the first of which was, because the affidavit of the plaintiff was in the alternative as to the grounds, the statement being that “ the defendant is actually removing, or…
2Cases cited6 opinions
- Dobbs v. Justices of the Inferior Court of Murray CountySupreme Court of Georgia · 1855
- Oliver v. WilsonSupreme Court of Georgia · 1860
- Cole v. ReillySupreme Court of Georgia · 1859
- Neal v. Wm. N. & Wright BookoutSupreme Court of Georgia · 1860
- Foster v. ThomasSupreme Court of Georgia · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Dunnenbaum & Friedlander v. Schram & Co.Texas Supreme Court · 1883
- Brooks v. HutchinsonSupreme Court of Georgia · 1905
- Johnson v. EmeryUtah Supreme Court · 1906
- McCarthy Bros. v. McLean County Farmers Elevator Co.North Dakota Supreme Court · 1908
- Irwin v. GriffinSupreme Court of Georgia · 1947
3 more not listed; retrieve them via the Exa API.