When a person who has been a defendant in attachment desires to bring an action against the plaintiff for damages, and the plaintiff in attachment does not reside in this state, it shall be sufficient to serve the complaint and summons on the security to the bond given by the plaintiff, and the action may proceed against both principal and security.
(Ga. L. 1855-56, p. 25, § 54; Code 1863, § 3267; Code 1868, § 3278; Code 1873, § 3354; Code 1882, § 3354; Civil Code 1895, § 5013; Civil Code 1910, § 5595; Code 1933, § 3-304.)
Cross references.- Service of process generally, § 9-11-4.
JUDICIAL DECISIONS
Constitutionality.
- Proceeding under this statute afforded due process of law and did not violate U.S. Const., amend. 14. Continental Nat'l Bank v. Folsom, 78 Ga. 449, 3 S.E. 269 (1887).
Service on security of nonresident national bank which gave bond under statute was sufficient. Continental Nat'l Bank v. Folsom, 78 Ga. 449, 3 S.E. 269 (1887).
RESEARCH REFERENCES
C.J.S.
- 72 C.J.S., Process, §§ 31, 32, 84.