Alston v. Dunning
Supreme Court of Georgia
Certiorari. In Fulton Superior Court. Decided by Judge "Waenee. October Term, 1866. • v Alston sued out an attachment against the Adams Express Company, returnable to the March Term of a^ Justices Court. It was levied upon two wagons, and a claim was interposed by the Southern Express Company. It was further executed by serving Dunning and two others, each with summons of garnishment, returnable to the same Term.
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Certiorari. In Fulton Superior Court. Decided by Judge "Waenee. October Term, 1866. • v Alston sued out an attachment against the Adams Express Company, returnable to the March Term of a^ Justices Court. It was levied upon two wagons, and a claim was interposed by the Southern Express Company. It was further executed by serving Dunning and two others, each with summons of garnishment, returnable to the same Term. These garnishments were, at said Term, to-wit, on the 9th of March, dismissed by the Court for insufficient service. Thereafter, to-wit, on the 26th of March, the plaintiff in…
1Opinion of the CourtWalker, J.
We think the Court erred in holding that, after the appearence term of an attachment, the plaintiff must sue out a summons of garnishment as in cases pendente lite, i. e. make, out a new affidavit, give new bond, etc. We apprehend that the error occurred in construing the 3215 Section of the Code. That section makes it the duty of the officer issuing an attachment, on request of the plaintiff, to issue summons of garnishment returnable u at the Oourt to which the a tachment is made returnable.” We do not think that these words make the summons necessarily returnable at the term of the Court…
2Cited by2 opinions
- Albright-Pryor Co. v. Pacific Selling Co.Supreme Court of Georgia · 1906
- Peterson v. General Shoe Corp.Court of Appeals of Georgia · 1967