Philip Carey Co. v. Sheppard
Court of Appeals of Georgia
Motion to set aside judgment; from Calhoun superior court— Judge Cos. August 21, 1915.
1Opinion of the Court
Wade, O. J.
1. The giving of a replevy bond by the defendant in attachment converted the suit from an action in rem to an action in personam, and as completely authorized the rendition of a common-law judgment against the defendant in attachment as if the action had been begun in the usual form, followed by personal service. Where, by the giving of such a bond, the defendant in attachment effected a general appearance in-the suit, even the dismissal of the attachment would not operate to dismiss the suit. Cincinnati Ry. Co. v. Pless, 3 Ga. App. 400 (60 S. E. 8). See also Camp v. Cahn, 53 Ca.…
2Cases cited5 opinions
- Pryor v. American Trust & Banking Co.Court of Appeals of Georgia · 1915
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. Pless & SladeCourt of Appeals of Georgia · 1908
- Planters Loan & Savings Bank v. BerrySupreme Court of Georgia · 1893
- Bruce v. ConyersSupreme Court of Georgia · 1875
- Askew v. MelvinSupreme Court of Georgia · 1915
3Cited by14 opinions
- Williams v. LinnCourt of Appeals of Georgia · 1963
- HOMASOTE COMPANY v. StanleyCourt of Appeals of Georgia · 1961
- Bryant v. Elberton & Eastern Railway Co.Court of Appeals of Georgia · 1917
- Longshore v. CollierCourt of Appeals of Georgia · 1927
- Duke v. Automobile Supply Co.Court of Appeals of Georgia · 1918
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