Flegal v. Loveless

1. Where an attachment proceeding is instituted against a nonresident and the defendant executes a replevy bond under Code § 8-701, the sureties on the bond are bound by the judgment of the court overruling a motion of the defendant, unexcepted to, to dismiss the attachment on the ground that it conclusively appeared on the face *42of the attachment that there was no fact alleged therein which would entitle the plaintiff to the remedy of attachment under the laws of the State of Georgia. (The body of the affidavit contained no ground of attachment.) The sureties are also bound by the rulings of…