Legal Opinion
Carrollton Bank v. Glass
Court of Appeals of Georgia
Decided February 18, 1926No. 16502PublishedCited by 4 opinions
1Opinion of the CourtStephens, J.
1. A suit is pending, in the sense of section 5265 of the Civil Code (1910), relative to the grounds for the issuance of garnishment proceeding's, although a judgment may in fact have been rendered in the suit, when there still remains a legal possibility that the judgment may be reversed and that the defendant may ultimately prevail, as when a bill of exceptions to the judgment has been tendered and certified by the trial judge and has been filed with the clerk of the Court of Appeals. See Bode v. Welch, 29 Ohio St. 19, 22; Brown v. Foss, 16 Me. 257.
2. The affidavit for garnishment is…
2Cases cited5 opinions
- Rowland Co. v. Kell Co.Court of Appeals of Georgia · 1921
- Bode v. WelchOhio Supreme Court · 1875
- Gittens v. WhelchelCourt of Appeals of Georgia · 1913
- Brown v. FossSupreme Judicial Court of Maine · 1839
- Janes v. TomlinsonSupreme Court of Georgia · 1860
3Cited by4 opinions
- J. S. Cowart & Son Inc. v. CookCourt of Appeals of Georgia · 1937
- Reeves v. ReevesCourt of Appeals of Georgia · 1962
- Davison-Paxon Co. v. HumeCourt of Appeals of Georgia · 1938
- Davison-Paxon Co. v. HumeCourt of Appeals of Georgia · 1938