Bledsoe v. Bledsoe

Court of Appeals of Georgia

Bledsoe v. Bledsoe

69 S.E.2d 782, 85 Ga. App. 549, 1952 Ga. App. LEXIS 778

CourtCourt of Appeals of Georgia

DecidedMarch 7, 1952

Docket33881

StatusPublished

This text of 69 S.E.2d 782 (Bledsoe v. Bledsoe) 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

Bledsoe v. Bledsoe, 69 S.E.2d 782, 85 Ga. App. 549, 1952 Ga. App. LEXIS 778 (Ga. Ct. App. 1952).

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Opinion

Worrill, J.

An attachment affidavit was sworn to on May 17, 1951; a writ of attachment was issued on June 17, 1951, and made returnable to the June term, 1951, of the City Court of Stephens County; the declaration in attachment was filed on June 25, 1951, the first day of the June term, and judgment was rendered on that day. The City Court of Stephens County has a term of court beginning on the fourth Monday of each month, and with reference to pleading and practice the law governing the superior courts is applicable. Held:

It was error to enter a judgment on the declaration in attachment at the first term, and to refuse to vacate the judgment as having been prematurely rendered (Oglesby & Oglesby v. Aaron, 67 Ga. App. 467, 20 S. E. 2d, 863), since final judgment on an attachment can not be rendered until the second term. Lambert Hoisting Engine Co. v. Bray & Co., 117 Ga. 4 (43 S. E. 371); Bateman v. Macon National Bank, 25 Ga. App. 42 (102 S. E. 548).

Judgment reversed.

Sutton, C. J., and Felton, J., concur.

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Worrill, J.

An attachment affidavit was sworn to on May 17, 1951; a writ of attachment was issued on June 17, 1951, and made returnable to the June term, 1951, of the City Court of Stephens County; the declaration in attachment was filed on June 25, 1951, the first day of the June term, and judgment was rendered on that day. The City Court of Stephens County has a term of court beginning on the fourth Monday of each month, and with reference to pleading and practice the law governing the superior courts is applicable. Held:

It was error to enter a judgment on the declaration in attachment at the first term, and to refuse to vacate the judgment as having been prematurely rendered (Oglesby & Oglesby v. Aaron, 67 Ga. App. 467, 20 S. E. 2d, 863), since final judgment on an attachment can not be rendered until the second term. Lambert Hoisting Engine Co. v. Bray & Co., 117 Ga. 4 (43 S. E. 371); Bateman v. Macon National Bank, 25 Ga. App. 42 (102 S. E. 548).

Judgment reversed.

Sutton, C. J., and Felton, J., concur.

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Bluebook (online)

69 S.E.2d 782, 85 Ga. App. 549, 1952 Ga. App. LEXIS 778, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bledsoe-v-bledsoe-gactapp-1952.

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