Cathcart v. Cincinnati, Hamilton & Dayton Railway Co.

A judgment was rendered by the city court of Atlanta in favor of Mrs. Cathcart as executrix, against the Cincinnati, Hamilton & Dayton Railway Company, a foreign corporation, as garnishee.. The garnishment suit was based upon a judgment against J. H. Rathburn, and the execution issued upon the judgment against the company as garnishee was levied upon its property. It filed an affidavit of illegality, alleging that it had never been served with any summons of garnishment and had never by any agent or attorney waived service or in any manner submitted itself to the jurisdiction of the court. On…