Strother v. Southern States Phosphate & Fertilizer Co.

Court of Appeals of Georgia

Strother v. Southern States Phosphate & Fertilizer Co.

125 S.E. 786, 33 Ga. App. 314, 1924 Ga. App. LEXIS 853

CourtCourt of Appeals of Georgia

DecidedDecember 17, 1924

Docket15917

StatusPublished

Cited by1 cases

This text of 125 S.E. 786 (Strother v. Southern States Phosphate & Fertilizer Co.) 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

Strother v. Southern States Phosphate & Fertilizer Co., 125 S.E. 786, 33 Ga. App. 314, 1924 Ga. App. LEXIS 853 (Ga. Ct. App. 1924).

Pincite

Opinion

Bell, J.

Where an attachment was sought by a creditor, by petition to the judge of the superior court, under § 5089 of the Civil Code, upon the ground that his debtor had made fraudulent liens on the debtor’s property, and where the writ issued after an order by the judge authorizing it, a demurrer to the attachment, on the ground that the affidavit verifying the petition had been subscribed before a commercial notary public, was properly overruled. Such an attachment may be issued upon the petition of the creditor, supported by “affidavit, or testimony if he can control the same.” Civil Code (1910), § 5088. If the affidavit was void as an affidavit verifying the petition, for the reason stated, the judge could consider it as sufficient “testimony” in support of the allegations of the petition, and grant the attachment. Price v. Cohen, 118 Ga. 261 (45 S. E. 225). See also Gazan v. Royce, 78 Ga. 512 (1) (3 S. E. 753); Loeb v. Smith, 78 Ga. 504 (3 S. E. 458); Enneking v. Clay, 79 Ga. 598 (7 S. E. 257).

Judgment affirmed.

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

Free access — add to your briefcase to read the full text and ask questions with AI

Bell, J.

Where an attachment was sought by a creditor, by petition to the judge of the superior court, under § 5089 of the Civil Code, upon the ground that his debtor had made fraudulent liens on the debtor’s property, and where the writ issued after an order by the judge authorizing it, a demurrer to the attachment, on the ground that the affidavit verifying the petition had been subscribed before a commercial notary public, was properly overruled. Such an attachment may be issued upon the petition of the creditor, supported by “affidavit, or testimony if he can control the same.” Civil Code (1910), § 5088. If the affidavit was void as an affidavit verifying the petition, for the reason stated, the judge could consider it as sufficient “testimony” in support of the allegations of the petition, and grant the attachment. Price v. Cohen, 118 Ga. 261 (45 S. E. 225). See also Gazan v. Royce, 78 Ga. 512 (1) (3 S. E. 753); Loeb v. Smith, 78 Ga. 504 (3 S. E. 458); Enneking v. Clay, 79 Ga. 598 (7 S. E. 257).

Judgment affirmed.

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

Cite This Page — Counsel Stack

Bluebook (online)

125 S.E. 786, 33 Ga. App. 314, 1924 Ga. App. LEXIS 853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strother-v-southern-states-phosphate-fertilizer-co-gactapp-1924.

Opinion

Related

Cite This Page — Counsel Stack