Legal Opinion

Jones v. Crawford

Court of Appeals of Georgia

Decided April 14, 1921No. 11834Published

Certiorari; from Fulton superior court — Judge Ellis. June 28, 1920.

1Opinion of the CourtJenkins, P. J.

Where, in a proceeding under a dispossessory warrant, the defendant has made the counter-affidavit and given the bond required by law, and a suit for a general judgment against him and his bondsmen thus becomes pending, the plaintiff is entitled to the cumulative remedy of garnishment as provided by the code. Furthermore, any proper proceeding to dismiss or dissolve a garnishment must be taken in the court where the suit is pending; and consequently the superior court did not have original jurisdiction, on a petition to dismiss or' dissolve the garnishment, to interfere with such a…

2Cases cited3 opinions

  1. Loeb v. MangumSupreme Court of Georgia · 1910
  2. Miller v. GaySupreme Court of Georgia · 1896
  3. Herrington v. BlockSupreme Court of Georgia · 1896

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