Hattaway Lumber Co. v. Southern Lumber Corp.

Court of Appeals of Georgia

Hattaway Lumber Co. v. Southern Lumber Corp.

148 S.E. 358, 39 Ga. App. 741, 1929 Ga. App. LEXIS 544

CourtCourt of Appeals of Georgia

DecidedMay 18, 1929

Docket19397

StatusPublished

This text of 148 S.E. 358 (Hattaway Lumber Co. v. Southern Lumber Corp.) 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

Hattaway Lumber Co. v. Southern Lumber Corp., 148 S.E. 358, 39 Ga. App. 741, 1929 Ga. App. LEXIS 544 (Ga. Ct. App. 1929).

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Opinion

Beix, J.

Although in an attachment case the defendant may appear and make his defense at any time before final judgment is rendered against him, the general rule that the defendant, by appearing and pleading to the merits without pleading to the jurisdiction, admits the jurisdiction of his person, and that all defenses must be submitted and disposed of in their proper order, applies as well to proceedings in attachments as to other suits at law, it being necessary that the several code provisions upon these subjects should be construed in harmony with each other; and where a defendant in an attachment case, after the filing of the declaration therein, appeared at a certain term of court and filed a plea to the merits, at a subsequent term of court it was too late for him to file a plea to the jurisdiction, and the trial judge, after having allowed the filing of such plea, did not err in dismissing the same on written motion of the plaintiff in attachment. Earle v. Sayre, 99 Ga. 617 (25 S. E. 943); Richmond & Danville R. Co. v. Mitchell, 95 Ga. 78 (22 S. E. 124) ; Civil Code (1910), §§ 5104, 5664, 5628, 5630, 5641.

Judgment affirmed.

Jenkins, P. J., and Stephens, J., concur.

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Beix, J.

Although in an attachment case the defendant may appear and make his defense at any time before final judgment is rendered against him, the general rule that the defendant, by appearing and pleading to the merits without pleading to the jurisdiction, admits the jurisdiction of his person, and that all defenses must be submitted and disposed of in their proper order, applies as well to proceedings in attachments as to other suits at law, it being necessary that the several code provisions upon these subjects should be construed in harmony with each other; and where a defendant in an attachment case, after the filing of the declaration therein, appeared at a certain term of court and filed a plea to the merits, at a subsequent term of court it was too late for him to file a plea to the jurisdiction, and the trial judge, after having allowed the filing of such plea, did not err in dismissing the same on written motion of the plaintiff in attachment. Earle v. Sayre, 99 Ga. 617 (25 S. E. 943); Richmond & Danville R. Co. v. Mitchell, 95 Ga. 78 (22 S. E. 124) ; Civil Code (1910), §§ 5104, 5664, 5628, 5630, 5641.

Judgment affirmed.

Jenkins, P. J., and Stephens, J., concur.

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148 S.E. 358, 39 Ga. App. 741, 1929 Ga. App. LEXIS 544, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hattaway-lumber-co-v-southern-lumber-corp-gactapp-1929.

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