Dulion v. S. A. Lynch Enter. Finance, (Nos. 19419, 19420.)

• Decision Date: 04 October 1929
• Docket Number: (Nos. 19419, 19420.)
• Citation: 153 Va. 190,149 S.E. 537
• Parties: DULION. v. S. A. LYNCH ENTERPRISE FINANCE CORPORATION (two cases).
• Court: Georgia Court of Appeals

153 Va. 190

149 S.E. 537

DULION.

v.S. A. LYNCH ENTERPRISE FINANCE

CORPORATION (two cases).

(Nos. 19419, 19420.)

Court of Appeals of Georgia,

Division No. 2.

Oct. 4, 1929.

(Syllabus by Editorial Staff.)

Error from Superior Court, Fulton County; E. D. Thomas, Judge.

Separate proceedings between L. E. Dulion and the S. A. Lynch Enterprise Finance Corporation. Judgment for latter in each case, and former separately brings error. Affirmed in both cases.

Winfield P. Jones, of Atlanta, for plaintiff in error.

Alston, Alston, Foster & Moise, of Atlanta, for defendant in error.

Syllabus Opinion by the Court.

STEPHENS, J. Where an attachment has been served by service of a summons of garnishment upon which a return of service has been made, and where the time for filing the declaration in attachment has not expired, and although no declaration in attachment has been filed, and where the garnishee has not made answer, the attachment constitutes a suit which is removable from the state court to the United States court upon the ground of diversity of citizenship. "Service of the attachment by serving process of garnishment shall be as effectual for all purposes as though the attachment had been served by levying the same upon the property of the defendant." Civil Code 1910, § 5079; Courtney v. Pradt, 196 U. S. 89, 25 S. Ct. 208, 49 L. Ed. 398; Clark v. Wells, 203 U. S. 164, 27 S. Ct. 43, 51 L. Ed. 138; Cain v. Commercial Pub. Co., 232 U. S. 124, 34 S. Ct. 284, 58 L. Ed. 534; Yellowstone-Merchants' Nat. Bank v. Rosenbnum Bros. & Co. (D. C.) 277 F. 69; 23 R. C. L. 626.

Judgment affirmed in both cases.

JENKINS, P. J., and BELL, J., concur.