Saint Paul Fire & Marine Insurance v. Brunswick Grocery Co.
Supreme Court of Georgia
Garnishment. Before Judge Sparks. City court of Brunswick. October 13, 1900. The Brunswick Grocery Company obtained a judgment against L. M. Russell, and had summons of garnishment served upon the Saint Paul Eire and Marine Insurance Company.
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Garnishment. Before Judge Sparks. City court of Brunswick. October 13, 1900. The Brunswick Grocery Company obtained a judgment against L. M. Russell, and had summons of garnishment served upon the Saint Paul Eire and Marine Insurance Company. Subsequently to the service of the summons of garnishment, the wife of the defendant, whose initials were the same as those of her husband, claimed the fund in the hands of the garnishee, and dissolved the garnishment in accordance with the statute. After such dissolution the insurance company filed its answer, denying any indebtedness to the defendant,…
1Opinion of the CourtPish, J.
Notwithstanding the fact that, upon the dissolution of the garnishment by the claimant, the garnishee, upon the filing of its answer, was, by operation of law, discharged from all further liability (Civil Code, § 4721), and was therefore not interested in the determination of the issue made by the traverse of its answer, it-appears from the record that upon the trial of the case the garnishee-assumed the position of the real party at issue with the plaintiff,, and the case was tried on that theory. Mrs. Russell, the claimant,, who was the real party at issue with the plaintiff, appears to…
2Cases cited5 opinions
- Parrott v. BakerSupreme Court of Georgia · 1889
- McDowell v. McMurriaSupreme Court of Georgia · 1899
- Bates & Co. v. ForsythSupreme Court of Georgia · 1882
- Tufts v. DuBignonSupreme Court of Georgia · 1878
- Flannery v. ColemanSupreme Court of Georgia · 1901
3Cited by25 opinions
- Willingham v. WillinghamSupreme Court of Georgia · 1941
- Groover v. SimmonsSupreme Court of Georgia · 1925
- Walker v. General InsuranceSupreme Court of Georgia · 1959
- Finleyson Bros. v. Liverpool & London & Globe InsuranceCourt of Appeals of Georgia · 1914
- First National Bank v. Colonial Fire Underwriters InsuranceSupreme Court of Georgia · 1925
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