Shorter v. Moore, Trimble & Co.
Supreme Court of Georgia
Illegality. Practice. Garnishment. Before Judge Johnson. Muscogee Superior Court. May Adjourned Term, 1870. A fi. fa. in favor of Moore, Trimble & Company, for $211 00, besides interest and costs, against Mary E. Shorter, *was levied upon “that part of lot number sixty-four, with store-house thereon, occupied by Thomas E. Blanchard as a dry-goods store, on west side of Broad street, and known as store number one hundred and twenty-three,” as her property.
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Illegality. Practice. Garnishment. Before Judge Johnson. Muscogee Superior Court. May Adjourned Term, 1870. A fi. fa. in favor of Moore, Trimble & Company, for $211 00, besides interest and costs, against Mary E. Shorter, *was levied upon “that part of lot number sixty-four, with store-house thereon, occupied by Thomas E. Blanchard as a dry-goods store, on west side of Broad street, and known as store number one hundred and twenty-three,” as her property. She made an affidavit that said fi. fa. was proceeding illegally, upon the following grounds. 1st. The fi. fa. does not follow the judgment…
1Opinion of the CourtMcCAY, J.
The affidavit of illegality filed in this case sets forth facts as a reason why this execution is proceeding illegally, which if true show that the judgment is satisfied. It states, in substance, that there were two judgments against Horbach, one in favor of Barnard & Company, and one in favor of Moore, Trimble & Company. That during the pendency of the suits, summons of garnishment had been served upon her in both the cases, and that judgments had gone against her on her answer as garnishee in both cases. Clearly, she is not bound to pay them both, nor is such the effect of judgments against…
2Cited by3 opinions
- McLean v. GT Duke Co., Inc.Court of Appeals of Georgia · 1957
- Monroe v. Security Mutual Life InsuranceSupreme Court of Georgia · 1907
- Davis v. ConleyCourt of Appeals of Georgia · 1936