A. Klipstein & Co. v. Allen-Miles Co.
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Northern District of Georgia. On the 10th day of December, 1902, the plaintiff brought suit against the Alien-Miles Company on complaint and summons, and on the 26th day of February, 1903, sued out a writ of garnishment, which was directed to and served on the Fourth National Bank of Atlanta, Ga., as the debtor of the said defendant.
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In Error to the Circuit Court of the United States for the Northern District of Georgia. On the 10th day of December, 1902, the plaintiff brought suit against the Alien-Miles Company on complaint and summons, and on the 26th day of February, 1903, sued out a writ of garnishment, which was directed to and served on the Fourth National Bank of Atlanta, Ga., as the debtor of the said defendant. On said 26th day of February, 1903, the defendant gave bond under the provisions of the garnishment law of Georgia, with the Fidelity & ■ Deposit Company of Maryland as security, by the terms of which it…
1Opinion of the Court
TOULMIN, District Judge.
The main question presented for our consideration is whether the plaintiff was entitled to a judgment against the defendant the Alien-Miles Company, without which he could not have judgment against the garnishee and obtain judgment against the Eidelity & Deposit Company, security, on the dissolving bond in the garnishment proceeding. The condition of the bond is for the payment of the judgment that shall be rendered on said garnishment proceedings. Therefore a judgment against the garnishee is a condition precedent to a judgment on the bond to dissolve the garnishment.…
2Cases cited14 opinions
- Peck v. JennessSupreme Court of the United States · 1849
- Hill v. HardingSupreme Court of the United States · 1889
- Wolf v. StixSupreme Court of the United States · 1879
- Doe v. ChildressSupreme Court of the United States · 1875
- Marshall Paper Co. v. TrainCourt of Appeals for the First Circuit · 1900
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3Cited by16 opinions
- Cámara Insular de Comerciantes Mayoristas v. AnadónSupreme Court of Puerto Rico · 1961
- In re RansfordCourt of Appeals for the Sixth Circuit · 1912
- National Surety Co. v. MedlockCourt of Appeals of Georgia · 1907
- Alvaton Mercantile Co. v. CaldwellSupreme Court of Georgia · 1923
- In re MaherDistrict Court, N.D. Georgia · 1909
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