Witherspoon v. Swift Bros.

37 S.E. 976, 112 Ga. 689, 1901 Ga. LEXIS 57

• Court: Supreme Court of Georgia
• Decided: January 28, 1901
• Status: Published

Opinion

Lewis, J.

1. It was too late,,after an attachment case had proceeded to final judgment in favor of the plaintiff against the defendant therein, to file a claim in resistance to a levy entered upon the attachment and not designed to arrest the progress of the execution. ;•

2. Were it otherwise, there was in the present case no error in dismissing the alleged claim,, the same being evidenced only by a paper purporting to be an affidavit, which was not attested by any officer.

Judgment affirmed.

All the Justices concurring.