Blake v. Camp

• Decision Date: 31 January 1872
• Citation: Blake v. Camp, 45 Ga. 298 (Ga. 1872)
• Court: Georgia Supreme Court
• Parties: R. J. G. BLAKE, plaintiff in error. v. J. B. CAMP, defendant in error.

45 Ga. 298

R. J. G. BLAKE, plaintiff in error. v. J. B. CAMP, defendant in error.

Supreme Court of the State of Georgia

(Atlanta, January Term, 1872.)

Attachment.Amendments.Tried before Judge Harvey.Floyd Superior Court.July Term, 1871.

The facts are in the opinion.

Wright & Alexander, for plaintiff in error.

W. B. Terhune, by Wright & Featherston, for defendant.

McCAY, Judge.

The attachment was returned by the officer to the 1120thdistrict, which was the proper district, according to the last residence of the defendant, and the trial was had and judgment obtained before the magistrate of that district.By a mere slip of the pen, the magistrate who issued the attachment had made it returnable to his own district.He used his printed forms, and made it returnable to the Justices\' *Court of said district, which, as a matter of course, must be taken literally to be the district mentioned on the margin, to-wit: 919th district.But the bond recites the proper district; the officer who served the attachment returned the affidavit, bond and attachment to the proper district, and it was then tried and judgment given.The Court giving the judgment had jurisdiction of the case under the law.The only trouble is that the direction to the officer in the attachment process was, by a clerical error, wrong.

We do not think this mistake makes the proceedings void.It is not the written direction to the sheriff or constable which gives the Court jurisdiction, but the law.If the officer had obeyed the direction and returned the papers as directed, the Court to which it would then have been returned, would not have had jurisdiction, and the judgment would have been void.As it is, the Court which tried the case was...