Sanders v. Miller
Supreme Court of Georgia
Garnishment. Evidence. New trial. Practice in the Superior Court. Before Judge Bartlett. Greene Superior Court. September Adjourned Term, 1877. Garnishment issued on a judgment in favor of Sanders vs. Sanders, and was served on Miller on August 26, 1876. The next term of Greene superior court was held on September 11th, following, and was adjourned to November 20th. On March 12, 1877, at the succeeding term, the garnishee answered, denying indebtedness.
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Garnishment. Evidence. New trial. Practice in the Superior Court. Before Judge Bartlett. Greene Superior Court. September Adjourned Term, 1877. Garnishment issued on a judgment in favor of Sanders vs. Sanders, and was served on Miller on August 26, 1876. The next term of Greene superior court was held on September 11th, following, and was adjourned to November 20th. On March 12, 1877, at the succeeding term, the garnishee answered, denying indebtedness. This answer plaintiff traversed, setting forth that an indebtedness must have existed on account of the defendant’s having been in the…
1Opinion of the Court
Bleckley, Judge.
1. The answer of the garnishee was made on the first day of the second term after service of the summons. Taking the provisions of the Code altogether, we think the answer was in time. It was clearly so, if the garnishment had issued on attachment. Code, §3304. There is no express requirement that the answer shall be earlier in other cases, at the hazard of immediate judgment. See §3536.
2. The traverse of the answer which the court ordered stricken on motion, was argumentative, vague, and desultory. It presented no direct issue on the truth of the answer. It rambled about, and…
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