Supreme Court of Georgia January 15, 1874 (Tharpe v. Foster)

Trippe, Judge.

1. In the case of Hardeman & Sparks vs. Brown and DeVaughan, 49 Georgia Reports, 596, the summary process was sued out in the county of Macon, and the defendant resided in Houston. A claim to the cotton levied on was returned to the court of Macon county. It is true the point was not presented or passed upon', whether the process was properly sued out in the county of Macon.