Davis v. Kingston

Court of Appeals of Georgia

Davis v. Kingston

165 S.E. 865, 45 Ga. App. 749, 1932 Ga. App. LEXIS 683

CourtCourt of Appeals of Georgia

DecidedSeptember 22, 1932

Docket22091

StatusPublished

Cited by2 cases

This text of 165 S.E. 865 (Davis v. Kingston) 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

Davis v. Kingston, 165 S.E. 865, 45 Ga. App. 749, 1932 Ga. App. LEXIS 683 (Ga. Ct. App. 1932).

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Opinion

Stephens, J.

An act approved August 15, 1927 (Ga. L. 1927, pp. 452, 454), which amends the several laws relating to the city court of Savannah, provides that “the declaration in attachment shall be filed on the first day of the term.” When the first day of the term to which an attachment was returnable was the 7th day of September,' 1931, a declaration in attachment filed September 14, 1931, was filed too láte. [750]*750The court therefore, properly, on motion of the defendant, dismissed the attachment, upon the ground that the declaration in attachment had not been filed on the first day of the term as required by law. Medders v. Lewis, 158 Ga. 417 (123 S. E. 605) ; Callaway v. Maxwell, 123 Ga. 208 (51 S. E. 320) ; Russell v. Faulkner, 89 Ga. 818 (15 S. E. 756) ; Banks v. Hunt, 70 Ga. 741; Willard v. Stone, 22 Ga. App. 335 (95 S. E. 994) ; Wright v. Brown, 7 Ga. App. 389 (66 S. E. 1034). This is true notwithstanding the proceedings had before the term to which the attachment was returnable were converted into a common law suit in personam by the defendant’s having replevied the property as required by law. Judgment affirmed.

Decided September 22, 1932. Cobb & Bright, for plaintiff. Lewis A. Mills, Edward B. Lovell, for defendant. Jenkins, P. J., and Sutton, J., eoneur.

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Stephens, J.

An act approved August 15, 1927 (Ga. L. 1927, pp. 452, 454), which amends the several laws relating to the city court of Savannah, provides that “the declaration in attachment shall be filed on the first day of the term.” When the first day of the term to which an attachment was returnable was the 7th day of September,' 1931, a declaration in attachment filed September 14, 1931, was filed too láte. [750]*750The court therefore, properly, on motion of the defendant, dismissed the attachment, upon the ground that the declaration in attachment had not been filed on the first day of the term as required by law. Medders v. Lewis, 158 Ga. 417 (123 S. E. 605) ; Callaway v. Maxwell, 123 Ga. 208 (51 S. E. 320) ; Russell v. Faulkner, 89 Ga. 818 (15 S. E. 756) ; Banks v. Hunt, 70 Ga. 741; Willard v. Stone, 22 Ga. App. 335 (95 S. E. 994) ; Wright v. Brown, 7 Ga. App. 389 (66 S. E. 1034). This is true notwithstanding the proceedings had before the term to which the attachment was returnable were converted into a common law suit in personam by the defendant’s having replevied the property as required by law. Judgment affirmed.

Decided September 22, 1932. Cobb & Bright, for plaintiff. Lewis A. Mills, Edward B. Lovell, for defendant. Jenkins, P. J., and Sutton, J., eoneur.

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165 S.E. 865, 45 Ga. App. 749, 1932 Ga. App. LEXIS 683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-kingston-gactapp-1932.

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