Bridges v. North
Supreme Court of Georgia
Certiorari, in Coweta Superior Court. Decision by Judge Hammond, at September Term, 1856. An attachment was issued, and returnable to a Justice’s Court, by Anthony North, against Thomas J. Nichols, an absent debtor, upon a dormant judgment. Soloman S. Bridges and John Williams were served with summons of garnishment, and required to answer what property or effects of said absent debtor they liad in hand,, or whether they were indebted to him.
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Certiorari, in Coweta Superior Court. Decision by Judge Hammond, at September Term, 1856. An attachment was issued, and returnable to a Justice’s Court, by Anthony North, against Thomas J. Nichols, an absent debtor, upon a dormant judgment. Soloman S. Bridges and John Williams were served with summons of garnishment, and required to answer what property or effects of said absent debtor they liad in hand,, or whether they were indebted to him. The garnishees appeared and answered that they had the effects or estate of Travis Nichols, deceased, in their hands, to the amount of eight thousand…
1Opinion of the Court
By the Court.
Henning, J.
delivering the opinion.
Was the answer of the garnishees such as to authorize the Court to render a judgment against them ?
In order that a judgment may lawfully go against a garnishee, he must he “ indebted” to the debtor, or must have in his hands “ effects” of the debtor. Cobb’s Dig. 70.
And a Court is not authorized to say that the garnishee is a debtor to the debtor, or is the holder of effects of the debt- or, unless the garnishee admits that he is; or denies that he is, and it is proved on him that he is; or stands in contempt of a rule nisi to answer. Cobb’s Dig.…
2Cases cited1 opinion
- Lockwood v. BarefieldSupreme Court of Georgia · 1849
3Cited by2 opinions
- Burrus & Williams v. MooreSupreme Court of Georgia · 1879
- James v. RobertsCourt of Appeals of Georgia · 1937