Watters v. Southern Fixture & Cabinet Co.

Court of Appeals of Georgia

Watters v. Southern Fixture & Cabinet Co.

79 S.E. 360, 13 Ga. App. 468, 1913 Ga. App. LEXIS 210

CourtCourt of Appeals of Georgia

DecidedSeptember 23, 1913

Docket4764

StatusPublished

Cited by3 cases

This text of 79 S.E. 360 (Watters v. Southern Fixture & Cabinet 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

Watters v. Southern Fixture & Cabinet Co., 79 S.E. 360, 13 Ga. App. 468, 1913 Ga. App. LEXIS 210 (Ga. Ct. App. 1913).

Pincite

Opinion

Russell, J.

1. Where property attached has been replevied, the attachment is dissolved, the bond is substituted for the property, “and the ease stands as if it had been founded on ordinary principles.” Thompson v. Wright, 22 Ga. 613; Camp v. Cahn, 53. Ga. 558; Walter v. Kierstead, 74 Ga. 18 (5a); Woodbridge v. Drought, 118 Ga. 671 (45 S. E. 266).

2. Where an attachment has been dissolved by the giving of a replevy bond, and on the trial a general verdict is returned in favor of the plaintiff for the amount of his claim, it is lawful for the plaintiff to take judgment against the defendant and his securities upon the replevy bond. Civil Code, § 5113.

3. The court did not err in overruling the motion to set aside the judgment.

Judgment affirmed.

Motion to set aside judgment; from Floyd superior court — Judge Maddox. January 14, 1913.

M. B. Eubanks, for plaintiff in error. Sharp <& Sharp, contra.

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