Louis Stix & Co. v. S. Pump & Co.
Supreme Court of Georgia
Traverse of attachment affidavit. Tried before Judge 'WoiírilIj. Muscogee Superior Court. May Term, 1867. On the 14th of December, 1866, Louis Stix & Co., in said county, sued out attachment against Simon Pump, David Marks, Tsaac Marks and Jacob Marks, partners under -the firm name of S. Pump & Co., on the ground that said defendants were indebted to them $5,027.96, and that they were about to remove beyond the limits of said county.
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Traverse of attachment affidavit. Tried before Judge 'WoiírilIj. Muscogee Superior Court. May Term, 1867. On the 14th of December, 1866, Louis Stix & Co., in said county, sued out attachment against Simon Pump, David Marks, Tsaac Marks and Jacob Marks, partners under -the firm name of S. Pump & Co., on the ground that said defendants were indebted to them $5,027.96, and that they were about to remove beyond the limits of said county. The attachment was levied on certain goods, and at the return-term, the defendants, by their attorneys, traversed said ground. Upon this issue was joined. When…
1Opinion of the CourtWarner, C. J.
Tile error assigned" to the judginent of the Court below in this case, is in refusing the motion for a new trial on the grounds specified therein. We will not control the discretion of the Court below in refusing to continue the case, upon the statement of facts exhibited by the record. The failure of the plaintiffs’ attorneys to state that they expected to prove by either of the witnesses any facts showing that the defendants were about to remove, was sufficient to sustain the judgment of the Court upon this point. The question in issue then before the Court to be tried, was whether the…
2Cited by5 opinions
- Nichols v. WardCourt of Appeals of Georgia · 1921
- Perryman v. PopeSupreme Court of Georgia · 1897
- Southern Railway Co. v. BirchCourt of Appeals of Georgia · 1941
- Patne v. OliverCourt of Appeals of Georgia · 1957
- Union Central Life Insurance v. TrundleCourt of Appeals of Georgia · 1941