Supreme Court of Georgia, 1896

Bates, Kingsbery & Co. v. Shelton

Bates, Kingsbery & Co. v. Shelton
Supreme Court of Georgia · Decided June 12, 1896 · Simmons
99 Ga. 164; 25 S.E. 16

Bates, Kingsbery & Co. v. Shelton

Opinion of the Court

Simmons, C. J.

A clerk of the superior court has no authority to issue an attachment sued out under the provisions of section 3297 et seq. of the code, unless the judge in granting the attachment expressly so directs. Under a special order commanding the clerk to issue the writ he may do so as the clerical servant of the judge, but in the absence of such an order he cannot, there being no provision of law authorizing him to issue writs of this kind. Loeb v. Smith, 78 Ga. 508, 510.

Judgment affirmed.

Clarke, Hooper & Harrison, for plaintiffs. Miller, Wynn & Miller and R. F. Watts, for defendant.

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