66 Ga. 552 | Ga. | 1881
Morgan & Armspaugh sued out- an attachment against Steers & Co., and caused it to be levied on certain effects in the county of Floyd as the property of the defendants' in attachment. The affidavit was made on the 27th of February, 1880, and attachment issued the same day, and on the next day it was levied. At the first term thereafter the declaration in attachment was filed, to-wit, on the 22d of April, 1880; and this declaration was amended on the 29th of September, 1880, in open court, at the next term, by the allegation that since the attachment was issued and the declaration filed, they had levied it in Fulton county, by serving summons of garnishment on the Atlanta Steam Cotton Compress Company, said company being composed of Hugh S. Inman, G. W, Parrott and J. D. Turner, which amendment was then and there allowed. At the same September term a verdict was rendered for $5,000.0s against the defendants in attachment, and judgment signed 10th of October fhereafter against them thereon, to be levied of the effects attached in Floyd county, “and also of such funds and property of the defendants, or either of them, as may be in the hands of the Atlanta Cotton Compress Company,” composed of the persons above named. And thereupon execution issued, on the 26th of October, to enforce the said judgment and following its terms. On the 14th of December following, at an adjourned session of the same term of the court, three motions were made, the first to quash the attachment, the second to set aside the judgment, and the third to open it in so far as to allow pleas to the merits to be filed.
It was urged, however, before us, that the judgment should at any rate be set aside so far as it authorized a levy on the effects of defendants in the hands of the Atlanta Cotton Compress Company, because the garnishment was served too late on that company, and because no judgment could be rendered against the effects'in their hands until March term; 1881, as it was served in June, 1880, and the September term was the first term after service of the garnishment.
The record does not disclose exactly when the' summons was served, but it was pendente lite, and after the first term when the declaration was filed. The point made presents the questions whether after the attachment has been levied on property in one county it can be levied pendente lite by service of garnishment in another county; and, if so, whether it will have the effect to stay
In attachment, as in all other cases, regularly begun by personal service, garnishment may be issued and service perfected pendente lite, and the plaintiff will not be delayed in getting judgment against his debtor, but such
So we think that the court did not err in not setting aside the judgment on this ground.
The declaration in attachment appears sufficiently comprehensive to authorize the verdict. If there were defects, they were amendable, and we cannot say that the court erred in overruling the motion to set aside the judgment because the declaration was so defective as not to warrant the finding of the jury and the judgment thereon.
Against non-residents personal service, is impracticable, and the statute provides that the suit be commenced by attaching such property as they have in this state. As to that property, whether in the possession of their agents or lying open, the courts get jurisdiction, and may proceed without notice or personal information ; .but in this case the defendants did have notice from' the garnishees-and
In our judgment, therefore, the plaintiffs in error have not made a case before us from the record which entitles them to a reversal of the action of the superior court, and the judgment of that court must be'affirmed.
Judgment affirmed.