Tygart v. Domestic Electric Co

• Decision Date: 17 June 1921
• Docket Number: (No. 2308.)
• Citation: 107 S.E. 866,151 Ga. 624
• Parties: TYGART v. DOMESTIC ELECTRIC CO. DOMESTIC ELECTRIC CO. v. TYGART.
• Court: Georgia Supreme Court

151 Ga. 624

107 S.E. 866

TYGART

v.DOMESTIC ELECTRIC CO.

DOMESTIC ELECTRIC CO.

v.TYGART.

(No. 2308.)

Supreme Court of Georgia.

June 17, 1921.

(Syllabus by the Court.)

replevy bond, does the giving of such bond convert the action from a suit in rem into an action in personam, so that, when the case is reached in its order, a declaration in attachment having been duly filed, but no defense made, the plaintiff is entitled to a verdict and judgment against the principal defendant and his surety on the replevy bond?" If the attachment was returnable to the county of the defendant's residence, as provided by Civil Code 1910, § 5063, then the replevy of the property by him would authorize a judgment in personam against him and his sureties on the replevy bond. If, however, the attachment was returnable to a county other than that of his residence, then, under the ruling in Treutlen v. Smith, 54 Ga. 575, a personal judgment could not be rendered against the defendant and his sureties, though he replevied the property. The decision in Treutlen v. Smith, supra, is still of force. Askew v. Melvin, 144 Ga. 348, 87 S. E. 278.

Certified Questions from Court of Appeals.

Action between S. T. Tygart and the Domestic Electric Company. Judgment for the Electric Company, and both parties brought error to the Court of Appeals, which certified certain questions to the Supreme Court. Questions answered.

Story & Story, of Nashville, for plaintiff in error.

Etheridge, Sams & Etheridge, of Atlanta, and J. P. Knight, of Nashville, for defendant in error.

HILL, J. Questions answered as per head-notes. All the Justices concur.