Sledge v. Brooks
| Decision Date | 31 July 1849 |
| Docket Number | N0. 16. |
| Citation | 7 Ga. 88 |
| Parties | Birdsong & Sledge, plaintiffs in error. vs. Joab Brooks,defendant. |
| Court | Georgia Supreme Court |
Attachment in Muscogee Inferior Court. Certiorari to the Superior Court. Decided by Judge Alexander, May Term, 1849.
This was an attachment issued against Birdsong & Sledge, at the instance of Joab Brooks, returnable to the Inferior Court of Muscogee county. At the second term, after the attachment sued out, the defendants in attachment moved to dismiss the same on the ground that no declaration was filed at the first term, asrequired by the Statute. A declaration had been filed previous to the making of the motion.
The Inferior Court sustained the motion, and dismissed the attachment.
Upon this decision a certiorari was prayed and sued out to the Superior Court of Muscogee, and upon bearing the return to the same, the Judge presiding reversed the decision of the Inferior Court.
This judgment or reversal was excepted to by the defendants in attachment, and error has been assigned thereon.
W. Dougherty, for plaintiff in error.
Benning, representing A. G. Foster, for defendant.
By the Court.— Warner, J., delivering the opinion.
The only question in this case is, as to the construction to he given to the Act of 29th December, 1838, relative to the filing declarations, founded on the process of attachment. The Act of 1838. declares that "declarations, founded on attachments, may be tiled at the first term of the Court, to which the same shall be returned." Hotchkiss, 553. The public interest requires that all units in our Courts should be determined as speedily as possible, and the interest of the party, whose property is seized under the process of attachment, also requires that there should be no delay on the part of the plaintiff in the attachment, in filing his declaration founded thereon. The true rule for the construction of the word may in a Statute is. that when such Statute concerns the public interest, or affects the rights of third persons, then, the word may. shall be construed-to mean must or shall. 5 Comyn's Dig. top page, 330, title Parliament, letter R. 22. See Alderman Backnell's case, 1 Vernon, 152. In establishing the rule of practice upon the subject of filing declarations founded on attachment, we think the public interest, as well as the interest of the defendant in the attachment, requires that the declaration should be filed at the first term of the Court to which the attachment is made...
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State v. Henderson
...411 S.E.2d 44 (1991). See, Georgia, Florida, and Alabama Railway Co. v. Sasser, 130 Ga. 394, 395, 60 S.E. 997 (1908); Birdsong & Sledge v. Brooks, 7 Ga. 88, 89 (1849); Alewine v. State, 103 Ga.App. 120, 122, 118 S.E.2d 499 (1961); Bass v. Doughty, 5 Ga.App. 458, 460, 63 S.E. 516 (1908). 6 A......
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U.S. v. Wilson, 87-8914
...the rights of third persons, then, the word may, shall be construed to mean must or shall.' " 197 S.E.2d at 138 (quoting Birdsong & Sledge v. Brooks, 7 Ga. 88, 89 (1849)). In this case, we find a review of the statutory background and the purpose of O.C.G.A. Sec. 17-4-23(a) more helpful tha......
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Kilgore v. Paschall
...the public interest, or affects the rights of third persons, then, the word may, shall be construed to mean must or shall.' Birdsong v. Brooks, 7 Ga. 88, 89; Weems v. Farrell, 33 Ga. 413, 419; Jennings Suggs, 180 Ga. 141, 178 S.E. 282, 'Petitions for restraining order, injunction, receiver,......
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Great Northern Nekoosa Corp. v. Board of Tax Assessors of Early County, s. 35152
...is construed as mandatory "when such Statute concerns the public interest, or affects the rights of third persons . . ." Birdsong & Sledge v. Brooks, 7 Ga. 88, 89 (1849); Independent Bankers Assn. v. Dunn, 230 Ga. 345(3), 197 S.E.2d 129 4. The trial court also ruled that the Early County co......