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Witherspoon v. Swift Bros.

Witherspoon v. Swift Brothers

Witherspoon v. Swift Bros., 37 S.E. 976 (Ga. 1901)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
January 28, 1901
Judges
Lewis
Citations
37 S.E. 976112 Ga. 6891901 Ga. LEXIS 57
Summary
Levy and claim. Before Judge Calhoun. City court of Atlanta. January 17, 1900.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Lewis

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Lewis, J.

1. It was too late,,after an attachment case had proceeded to final judgment in favor of the plaintiff against the defendant therein, to file a claim in resistance to a levy entered upon the attachment and not designed to arrest the progress of the execution. ;•

2. Were it otherwise, there was in the present case no error in dismissing the alleged claim,, the same being evidenced only by a paper purporting to be an affidavit, which was not attested by any officer.

Judgment affirmed.

All the Justices concurring.

How later courts describe this case

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1940: 119402026peak 1940 · 1

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