Legal Opinion

Dulion v. Lynch Enterprise Finance Corp.

Court of Appeals of Georgia

Decided October 4, 1929No. 19419, 19420PublishedCited by 1 opinion

1Opinion of the CourtStephens, J.

Where an attachment has been served by service of a summons of garnishment upon which a return of service has been made, and where the time for filing the declaration in attachment has not expired, and although no declaration in attachment has been filed, and where the garnishee has not made answer, the attachment constitutes a suit which is removable from the State court to the United States court upon the ground of diversity of citizenship. “Service of the attachment by serving process of garnishment shall be as effectual for all purposes as though the attachment had been served by levying…

2Cases cited4 opinions

  1. Clark v. WellsSupreme Court of the United States · 1906
  2. Cain v. Commercial Publishing Co.Supreme Court of the United States · 1914
  3. Courtney v. PradtSupreme Court of the United States · 1905
  4. Yellowstone-Merchants' Nat. Bank v. Rosenbaum Bros. & Co.District Court, D. Montana · 1922

3Cited by1 opinion

  1. Dulion v. S. A. Lynch Enterprise Finance Corp.Court of Appeals for the Fifth Circuit · 1931

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