Whaley v. Cunningham
Supreme Court of Georgia
Garnishment. Expenses. Before Judge Robenson. Greene Superior Court. May Term, 1870. The Augusta Manufacturing Company sued one Cunningham and pendente lite garnisheed one Carmichael. Judgment was obtained and the garnishee paid money to the sheriff. Plaintiff called on the sheriff, by rule, to show cause why he did not pay over said money to the company.
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Garnishment. Expenses. Before Judge Robenson. Greene Superior Court. May Term, 1870. The Augusta Manufacturing Company sued one Cunningham and pendente lite garnisheed one Carmichael. Judgment was obtained and the garnishee paid money to the sheriff. Plaintiff called on the sheriff, by rule, to show cause why he did not pay over said money to the company. He replied that he had in his hands a fi. fa. in favor of Whaley against Cunningham, founded upon a judgment older than the company’s, and which claimed the money. This was not denied. But the company’s attorney said that while he had no…
1Opinion of the Court
By the Court—
BROWN, C. J.,
delivering the opinion.
The only question in this case is, what is the proper construction of section 3489 of the Revised Code, which is in these words: “All money raised by virtue of process of garnishment under this Code, shall be paid over to the creditors of the defendant, according to the priorities now established by law, the expenses of the moving creditors being first paid pro rata, by the judgment creditors receiving the benefit of his diligence.” In this case the contest was between two creditors. And it is admitted that the judgment of Whaley, the plaintiff…
2Cited by3 opinions
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- Herndon v. BraddyCourt of Appeals of Georgia · 1929
- Johnston v. HigdonCourt of Appeals of Georgia · 1931