122 Ga. 838 | Ga. | 1905
It appears from the record that P. H. Hutchinson made an affidavit before a notary public and ex-officio justice of the peace that- N. B. Brooks was indebted to him in the sum of two hundred and fifty odd dollars, and that said Brooks was “ actually removing without the limits of said [Troup] county, or about to remove; ” whereupon the magistrate issued process of attachment against Brooks, returnable to the city court of La-Grange. Brooks filed a traverse in which he denied that he was actually removing or about to remove without the limits of said county, and averred that he “ had removed to. Milledgeville, Ga., and become a citizen of Baldwin county two weeks before said attachment was issued.” The attachment was sued out ón May 19, 1904. ' The undisputed evidence of Brooks, the defendant, was that he had left La Grange, Troup county, on May 12,' 1904, and since that time he had resided continuously in Milledgeville, Baldwin county, Georgia, which he intended to make his home,
Judgment reversed.