13 Ga. App. 276 | Ga. Ct. App. | 1913
On November 13, 1912, an attachment was sued out by Lewis against Drake. The ground of attachment was not set forth in the affidavit, but in all other respects the proceedings were regular. Bond was given and the attachment was issued and made returnable to the January term of the city court of Blakely. Apparently upon the assumption that the attachment was void, Lewis, on November 28, 1912, sued out another attachment, upon the ground that Drake was causing his property to be moved beyond the limits of the State, and caused a levy to be made upon the same property that had been seized by the sheriff under the first attachment. Drake gave bond and replevied the property. While the first attachment was pending, declaration upon the second attachment was filed to the return term on January 11, 1913, alleging an indebtedness upon a promissory note. On December 16, 1912, prior to the filing of the declaration, Drake filed a plea consisting of two paragraphs. In the first paragraph it was averred that the second attachment should be abated and dismissed because of the pendency of the first proceeding. The second paragraph contained a plea to the jurisdiction of the court, it being averred that when the attachment issued, Drake was a resident of Decatur county.- On February 24 Drake filed another plea to the jurisdiction, and at the same time moved to dismiss the declaration because it failed to allege the residence of the defendant. On the
Judgment on Tooth hills of exceptions reversed.