Enneking Bros. v. Clay
Supreme Court of Georgia
Attachments. Bonds. Before Judge Fort. Sumter Superior Court. April Adjourned Term, 1887. An attachment in favor of Enneking Brothers vs. Dickson & Yigal was levied on a stock of goods, to which Clay interposed a claim. On the trial, he demurred to the sufficiency of the affidavit to obtain attachment, and moved to dismiss the levy.
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Attachments. Bonds. Before Judge Fort. Sumter Superior Court. April Adjourned Term, 1887. An attachment in favor of Enneking Brothers vs. Dickson & Yigal was levied on a stock of goods, to which Clay interposed a claim. On the trial, he demurred to the sufficiency of the affidavit to obtain attachment, and moved to dismiss the levy. As a reason why this should not be done, the plaintiffs showed that a certain bill in equity against the same defendants, and an affidavit of M. B. Council, and interrogatories of J. B. Timberlake, were before the judge at the time he granted the attachment, and…
1Opinion of the Court
Bleckley, Chief Justice.
The petition for attachment was against a fraudulent debtor, under the code, §3297. It was verified by the plaintiffs’ attorney, whose affidavit stated that, “ the facts contained in the foregoing petition are true, so far as they depend upon his own information and belief, and so far as they depend on the information of others, he believes them to be true; and that this information was derived from a trial of said matter before the judge of the superior court of said county; and as to the indebtedness of Hick-son & Yigal to the petitioners, deponent believes them to…
2Cases cited2 opinions
- Loeb v. Smith Bros. & Co.Supreme Court of Georgia · 1887
- Brown & Co. v. Massman Bros. & Co.Supreme Court of Georgia · 1883
3Cited by1 opinion
- Strother v. Southern States Phosphate & Fertilizer Co.Court of Appeals of Georgia · 1924