Lorillard & Co. v. Barrett & McMaster
This text of 77 Ga. 45 (Lorillard & Co. v. Barrett & McMaster) 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.
Opinion
The plaintiffs sued out an attachment under section 3293 of the Code, and having failed to allege that the debt was due, the court, upon motion of defendants in error, dismissed the same, and this is the error complained of.
This section of the Code is founded on act of the legislature which is found m the acts of 1871 and 1872, p. 44, and an amendatory act of 1879 (acts of 1878 and 1879, p. 48). Both of said acts provide for the issuing of attachments “upon such debt (due the plaintiff) becoming due.”
[46]*46It is quite manifest that under this section, comprising the acts aforesaid, the debt must be due, or otherwise an attachment cannot issue. Joseph & Bro. vs. Stein, 52 Ga., 333.
Judgment affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
77 Ga. 45, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lorillard-co-v-barrett-mcmaster-ga-1886.