Camp v. Cahn

• Decision Date: 31 January 1875
• Parties: W. H. Camp, plaintiff in error. v. Louis Cahn, defendant in error.
• Court: Georgia Supreme Court

53 Ga. 558

W. H. Camp, plaintiff in error. v. Louis Cahn, defendant in error.

Supreme Court of the State of Georgia

(Atlanta, January Term, 1875.)

Attachment. Judgments. Before Judge Cow art. City Court of Atlanta. December Term, 1875.

For the facts of this case, see the decision.

P. L. Mynatt; Hoke Smith, for plaintiff in error.

Jackson & Clarke, for defendant.

Warner, Chief Justice.

This was an attachment sued out under the provisions of the 3293d section of the Code. The plaintiff made the following affidavit for the purpose of obtaining the attachment:

"Georgia, Fulton County.— Before me, the subscriber, a notary public in and for said county of Fulton, personally came and appeared W. H. Camp, who, on oath, deposeth *and saith, that Louis Cahn is indebted to him in the sum of $767 65, and that said indebtedness was created, in part, by the purchase of one-half interest in the following property by the said Louis Cahn, from the said W. H. Camp, to-wit: Ten kegs nails at $5 00, $50 00; twelve boxes ink at $1 00, $12 00; twenty-four wash-tubs at $3 00, $72 00; one hod water buckets, $50 00; one hod sugar buckets, $15 00; forty-five boxes tea, five pounds each, at $2 00, $90 00; eighteen boxes soap, at $2 50, $45 00; three hundred bar. head, $27 00; one pair trucks, $9 00; one flour scales, $50 00; one iron safe, $140 00; one desk and money drawer, $18 00; one bay mare, $115 00; one dray and harness, $112 00; one table, $1 75; one office chair and fine state chair, $4 00; one partition, $10 00; one letter press, $3 00; one lot in second ward of the city of Atlanta, Fulton county, on the south side of Jones street, bounded on the west by E. Murphey's property, thence two hundred and twelve to an alley, thence running east forty-seven feet to J. O'Neal's line, thence back to Jones' street two hundred and twelve, thence west along Jones' street to beginning corner, said lot now being unoccupied, $500 00; and that the debt is now due and unpaid, and that all the foregoing property is in the possession of Louis Cahn.

[Signed] W. H. Camp.

"Sworn to and subscribed before me, "2d day of May, 1874.

"John T. Glenn, Notary Public."

On the trial of the case, as it appears from the record, the defendant, having replevied the property on which the attachment had been levied, made a motion to dismiss it, because the amount due for the purchase money of the property attached, was not sufficiently stated in the affidavit as required by the statute, which motion was sustained by the court, and the plaintiff excepted. The plaintiff then proposed to go on with the trial of the case as at common law, having filed his declaration and shown that the defendant had ap-peared and replevied the property levied on by giving bond *as the statute requires in such cases. The defendant objected, and made a motion to dismiss the case, which was sustained by the court, and the plaintiff excepted.

1. There was no error in dismissing the attachment on the ground that the affidavit was too vague and uncertain as to the amount of the...