Brewer v. Ainsworth

Supreme Court of Georgia

Brewer v. Ainsworth

32 Ga. 487

DecidedMarch 15, 1861

StatusPublished

This text of 32 Ga. 487 (Brewer v. Ainsworth) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brewer v. Ainsworth, 32 Ga. 487 (Ga. 1861).

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Opinion

By the Court

Lumpkin, J.,

delivering the opinion.

It will not do to lay down the rule that because the plaintiff in attachment fails to recover the amount sworn to be due, his attachment shall be dismissed, and yet we can not stop short of this if we sustain the motion to dismiss in this case.

If the plaintiff swears to too much, he might be prosecuted on the criminal side of the Court, or sued for levying an excessive attachment, and this, we apprehend, will be a sufficient check.

Let the judgment be reversed.

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By the Court

Lumpkin, J.,

delivering the opinion.

It will not do to lay down the rule that because the plaintiff in attachment fails to recover the amount sworn to be due, his attachment shall be dismissed, and yet we can not stop short of this if we sustain the motion to dismiss in this case.

If the plaintiff swears to too much, he might be prosecuted on the criminal side of the Court, or sued for levying an excessive attachment, and this, we apprehend, will be a sufficient check.

Let the judgment be reversed.

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Bluebook (online)

32 Ga. 487, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brewer-v-ainsworth-ga-1861.