DocketNumber: No. 86
Citation Numbers: 18 Ga. 604
Judges: Starnes
Filed Date: 8/15/1855
Status: Precedential
Modified Date: 1/12/2023
By the Court.
delivering the opinion.
No reason occurs to us why an exception should be made of a proceeding by bail process and by attachment, on the same subject-matter, and between the [same parties, at the same time prosecuted.
The attachment is an extraordinary proceeding, in derogation of Common Law ; and our Statutes authorizing the remedy, have been always subjected to strict construction in our Courts. This would seem to be a sufficient reason, if there
It may be added, that our Legislature has given its sanction to this view of the subject, by passing the Act which authorizes the issuing of attachments pendente lite. That Statute may be.regarded ns a legislative declaration, that special legislative action was necessary in order to authorize a plaintiff to proceed by attachment, when he had another action pending against the, defendant on the same subject-matter.
It has been suggested, too, that though that be so, yet, the case, perhaps, may be placed within the. reason and spirit of the Act.
The reason which, as we have already. said, requires our Attachment Laws to b& strictly construed, here interposes and forbids that this free construction should be given .to the Act.
It was. easy for the Legislature to have provided for such a.state of facts, when they passed the law; and not having done so, we do not feel authorized to strain the construction, of ah Act which provides this extraordinary p remedy, and is in derogation of Common Law.
Let the judgment be affirmed.