Joiner v. Dougherty-Ward-Little Co.
Court of Appeals of Georgia
Garnishment; from city court of Nashville — Judge Cranford presiding. May 15, 1913. Summons of garnishment directed to W. D. Joiner, administrator of the estate of Needham Joiner, based on an execution against J. G. Joiner, was issued on an affidavit in the ordinary form, and was served on the garnishee.
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Garnishment; from city court of Nashville — Judge Cranford presiding. May 15, 1913. Summons of garnishment directed to W. D. Joiner, administrator of the estate of Needham Joiner, based on an execution against J. G. Joiner, was issued on an affidavit in the ordinary form, and was served on the garnishee. At the April term, 1910, of the city court of Nashville, to which the proceeding was returnable, the garnishee filed an answer denying indebtedness, and further answering that he was administrator of the estate of Needham Joiner, the father of the defendant, and that the defendant would be…
1Opinion of the CourtRoan, J.
The affidavit of garnishment in this case was void because it failed to comply with section 5304 of the Civil Code, which requires, as a condition to the issuance of garnishment to reach a distributive share of an estate in the hands of an. administrator, that “the creditor will swear — in addition to the oath required in ordinary cases — that his debtor resides without the State, or is insolvent.” National Lumber Co. v. Turner, 2 Ga. App. 750 (59 S. E. 15). When a companion case to this was before the Court of Appeals (Stovall v. Joiner, 10 Ga. App. 204, 73 S. E. 22), it was held that the…
2Cases cited2 opinions
- Stovall & Brother v. JoinerCourt of Appeals of Georgia · 1911
- National Lumber Co. v. TurnerCourt of Appeals of Georgia · 1907
3Cited by3 opinions
- Gammage v. PerryCourt of Appeals of Georgia · 1923
- Fulton National Bank v. YoungCourt of Appeals of Georgia · 1970
- Joiner v. Joiner & SonsCourt of Appeals of Georgia · 1913