58 Ga. 377 | Ga. | 1877
This was a motion to set aside a judgment in the superior court of Forsyth county, on the ground that the pleadings were so defective that no valid judgment could have been rendered thereon, and because the pleadings and verdict
It appears from the record and bill of exceptions, that the plaintiff sued out an attachment against the defendant on the ground that he was a non-resident of this state, which was levied on certain described lots of land as the property of the defendant. The plaintiff filed a declaration in the clerk’s office, in which he alleged the defendant’s indebtedness to him, and prayed that process might issue requiring the defendant to be and appear at the next superior court and answer his complaint. It was agreed that the declaration was filed at the first term of the court after the attachment was issued, and that the presiding judge had made an entry on the docket, opposite the attachment case: “ Declaration filed,” and that there was no other case pending in said court between the same parties. The declaration was not served on the defendant, nor is there any averment in the plaintiff’s declaration that an attachment had been levied on the property of the defendant, and not even the slightest allusion therein to any process of attachment, whatever. To this declaration there was no issuable defense filed by the defendant, on oath or otherwise, but there was a verdict of a jury on that declaration, finding the amount of the plaintiff’s demand, and a judgment was entered up on that verdict for the amount thereof, to be levied and made out of certain described lots of land, without any reference whatever to the said lots of land having been attached as the property of the defendant.
Let the judgment of the court below be reversed.