Bryant v. McCrary

Broyles, 0. J.

1. “By the weight of authority a debt due jointly to defendant and another person not a party defendant, can not be reached by garnishment. This rule is broadly based upon the doctrine that plaintiff’s rights can not rise higher than those defendant had, and, as defendant could not alone have sued on the claim, plaintiff can not in effect do so by way of garnishment.” 28 C. J. 97, § 125; Modlin v. Smith, 13 Ga. App. 259 (2) (79 S. E. 82).

2. In the instant case W. 0. and Pearl Bryant brought a joint suit against J. B. McCrary and Mary W. McCrary upon a promissory note executed by…