Avery & Co. v. Pope

Court of Appeals of Georgia

Avery & Co. v. Pope

79 S.E. 946, 13 Ga. App. 743, 1913 Ga. App. LEXIS 345

CourtCourt of Appeals of Georgia

DecidedOctober 31, 1913

Docket4728

StatusPublished

Cited by1 cases

This text of 79 S.E. 946 (Avery & Co. v. Pope) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Avery & Co. v. Pope, 79 S.E. 946, 13 Ga. App. 743, 1913 Ga. App. LEXIS 345 (Ga. Ct. App. 1913).

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Opinion

Russell, J.

1. The court erred in dismissing the attachment.

(а) In an affidavit made to obtain an attachment for purchase-money the statement that the defendant “is indebted” is equivalent to the word “due,” employed in the statute (Civil Code, § 5085).

(б) The property sought to be attached was sufficiently described to enable the levying officer to identify it for the purpose of seizure. Furthermore, the defendant was precluded by the admissions of his answer from denying that the property was subject to the attachment; and the demurrer should have been filed at the appearance term, and came too late.

(c) In the mode of procedure to be followed, attachments for purchase-money do not differ from attachments based upon other grounds enumerated in section 5055 of the Civil Code. Judgment reversed.

J. B. Hoyl, for plaintiffs. R. R. Forrest, Hollis Fort, for defendant.

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Russell, J.

1. The court erred in dismissing the attachment.

(а) In an affidavit made to obtain an attachment for purchase-money the statement that the defendant “is indebted” is equivalent to the word “due,” employed in the statute (Civil Code, § 5085).

(б) The property sought to be attached was sufficiently described to enable the levying officer to identify it for the purpose of seizure. Furthermore, the defendant was precluded by the admissions of his answer from denying that the property was subject to the attachment; and the demurrer should have been filed at the appearance term, and came too late.

(c) In the mode of procedure to be followed, attachments for purchase-money do not differ from attachments based upon other grounds enumerated in section 5055 of the Civil Code. Judgment reversed.

J. B. Hoyl, for plaintiffs. R. R. Forrest, Hollis Fort, for defendant.

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Bluebook (online)

79 S.E. 946, 13 Ga. App. 743, 1913 Ga. App. LEXIS 345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/avery-co-v-pope-gactapp-1913.

Opinion

1. The court erred in dismissing the attachment.

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