Janes v. Tomlinson
Supreme Court of Georgia
Garnishment, from Dougherty Superior Court. Decided by Judge Allen, June Term, 1860. Robert L. Tomlinson, pending an action of complaint in his favor against Thomas A. Janes, made his affidavit and gave bond for process of garnishment in his behalf in said case.
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Garnishment, from Dougherty Superior Court. Decided by Judge Allen, June Term, 1860. Robert L. Tomlinson, pending an action of complaint in his favor against Thomas A. Janes, made his affidavit and gave bond for process of garnishment in his behalf in said case. At the June Term aforesaid, counsel for Janes moved the Court to dismiss said garnishment process, on the ground that the garnishment bond “did not show that it was given in any case, or that there was any case pending.” Whereupon, counsel for plaintiff moved to amend the bond by inserting a statement of the case therein. The Court…
1Opinion of the Court
By the Court
Lumpkin, J.,
delivering the opinion.
"We are inclined to think the bond was good as it was, and for myself, I am clear, that if it were not, it was amendable under the Act of 1856, which gives to plaintiffs in attachment, and consequently, garnishments, the right to amend their attachment bonds or declarations as in other cases at common law.
And as to the security, he signed the bond under the law which authorizes it to be amended, so as to conform to the law. This was his contract.
2Cited by4 opinions
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