Wright Mercantile & Lumber Co. v. Eton Mercantile Co.

Supreme Court of Georgia

Wright Mercantile & Lumber Co. v. Eton Mercantile Co.

84 S.E. 442, 143 Ga. 192, 1915 Ga. LEXIS 347

CourtSupreme Court of Georgia

DecidedFebruary 12, 1915

StatusPublished

Cited by1 cases

This text of 84 S.E. 442 (Wright Mercantile & Lumber Co. v. Eton Mercantile Co.) 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.

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Wright Mercantile & Lumber Co. v. Eton Mercantile Co., 84 S.E. 442, 143 Ga. 192, 1915 Ga. LEXIS 347 (Ga. 1915).

Pincite

Opinion

Per Curiam.

1. An attachment which has never been levied is not such a pending suit as may be pleaded in abatement to a subsequent action in personam.

2. The voluntary abandonment of an attachment which had never been - levied, and the subsequent bringing of an action in personam, without payment of the magistrate’s costs in issuing the attachment or making affidavit of inability to pay such costs, was not ground for abating the latter suit under Civil Code (1910), §§ 5625, 5626.

Judgment affirmed.

All the Justices concur, except Fish, G. J., absent.

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