Gazan v. Royce & Co.
Supreme Court of Georgia
Attachment. Laws. Claims. Res Adjudicata. Practice in Superior Court. Partnership. Attorney and Client. Before Judge Hansell. Brooks Superior Court. May Term, 1886. A number of attachments were issued against Nathan Gazan and were levied on certain property, the first levy being on December 4, 1883. Simon Gazan interposed claims, and on the trial two were selected as types of all, and by agreement the questions at issue were tried under them.
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Attachment. Laws. Claims. Res Adjudicata. Practice in Superior Court. Partnership. Attorney and Client. Before Judge Hansell. Brooks Superior Court. May Term, 1886. A number of attachments were issued against Nathan Gazan and were levied on certain property, the first levy being on December 4, 1883. Simon Gazan interposed claims, and on the trial two were selected as types of all, and by agreement the questions at issue were tried under them. The first was that of Boyce & Co. vs. Gazan. This attachment was sued out under §3297 of the code. The petition alleged, as the ground of attachment,…
1Opinion of the Court
Hall, Justice.
This writ of error covers two classes of cases. The first class is represented by the case of Gazan vs. Royce & Co.; the second class by Gazan vs. Loomis & Hart. The attachment in favor of Royce & Co. was issued under section 3297 of the code. As appears upon the face of the record from the lower court, the petition in this case was not supported by any affidavit, nor was it supported by testimony of like character as that of an affidavit; Under the principles announced in the case of Loeb vs. Smith Bros. & Co. et al. at this term, the attachment was fatally defective. The…
2Cases cited5 opinions
- DeLeon v. Heller, Hirsch & Co.Supreme Court of Georgia · 1886
- Krutina v. CulpepperSupreme Court of Georgia · 1886
- Bosworth v. ClarkSupreme Court of Georgia · 1879
- Morton, Bliss & Co. v. GahonaSupreme Court of Georgia · 1883
- Chronicle & Constitutionalist v. RowlandSupreme Court of Georgia · 1883
3Cited by11 opinions
- Osborne v. RiceSupreme Court of Georgia · 1899
- Hollinshead v. WoodardSupreme Court of Georgia · 1907
- Taylor v. FoldsCourt of Appeals of Georgia · 1907
- Morrison & McRae v. AndersonSupreme Court of Georgia · 1900
- Dixon v. WilliamsSupreme Court of Georgia · 1889
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