Gordon v. Wilson & Grady
Supreme Court of Georgia
■Certiorari. Before Judge Ealligant. Chatham superior court. December term, 1895. January 18, 1894, Gordon brought suit against.
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■Certiorari. Before Judge Ealligant. Chatham superior court. December term, 1895. January 18, 1894, Gordon brought suit against. Esteve & Co., returnable to a justice’s court on February 20; and sued out summons of garnishment which was served on Gordon & Co. January 22, 1894, Wilson & Grady filed with the justice á bond reciting the bringing of the suit and the service of the garnishment, and the fact that Gordon & Co. had IT bales of cotton falling within the operation of the garnishment, which was claimed by Wilson & Grady; and conditioned that they should pay to Gordon the sum that might…
1Opinion of the CourtSimmons, C. J.
1. Where a summons of garnishment .is issued and the garnishee answers admitting the possession of effects, and the garnishment is dissolved by a claimant who gives bond under section 3541 of the code, if no traverse is filed to the garnishee’s answer, the plaintiff may at the first term after such answer is filed, if he 'has obtained judgment against the principal defendant, move for a judgment upon the claim bond; but the claimant may, at any time before judgment is entered in favor of the plaintiff upon such bond, traverse under oath the answer of the garnishee and cause an issue to be…
2Cited by8 opinions
- Rainey v. Eatonton Co-Operative Creamery Inc.Court of Appeals of Georgia · 1943
- Booth v. Brooke & Co.Court of Appeals of Georgia · 1909
- Bullock v. ButtsCourt of Appeals of Georgia · 1924
- Allen v. Atlanta Furniture Co.Court of Appeals of Georgia · 1934
- Canton Fertilizer Co. v. HuntCourt of Appeals of Georgia · 1917
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