Legal Opinion
Elder Building Supply Co. v. Wall
Court of Appeals of Georgia
Decided June 29, 1966No. 41885PublishedCited by 7 opinions
1Opinion of the Court
Bell, Presiding Judge.
Although it is obvious from the stipulation of facts that the plaintiff’s claim to the surplus fund is superior to the claim of the garnishee and that the plaintiff has a remedy in equity which he is entitled to assert in a separate suit against the garnishee, (see East Atlanta Bank v. Limbert, 191 Ga. 486, 489 (2) (12 SE2d 865)), nevertheless this is a garnishment proceeding, and the case must be resolved by principles peculiarly applicable to this type of remedy.
It is well settled by numerous decisions of this court and of the Supreme Court that the position of a…
2Cases cited22 opinions
- Hodges v. Ocean Accident & Guarantee Corp.Court of Appeals of Georgia · 1941
- Singer Sewing Machine Co. v. Southern Grocery Co.Court of Appeals of Georgia · 1907
- Saint Paul Fire & Marine Insurance v. Brunswick Grocery Co.Supreme Court of Georgia · 1901
- Bates & Co. v. ForsythSupreme Court of Georgia · 1882
- Holmes v. Pope & FlemingCourt of Appeals of Georgia · 1907
17 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bob Parrott, Inc. v. First Palmetto BankCourt of Appeals of Georgia · 1974
- Gant, Inc. v. Citizens & Southern National BankCourt of Appeals of Georgia · 1979
- Hardware Mutual Casualty Co. v. ScottCourt of Appeals of Georgia · 1967
- Scarboro v. Ralston Purina Co.Court of Appeals of Georgia · 1981
- Central National Bank v. Broadview Savings & Loan Co.Ohio Court of Appeals · 1979
2 more not listed; retrieve them via the Exa API.