Canton Fertilizer Co. v. Hunt
Court of Appeals of Georgia
Claim; from Cherokee superior court — Judge J. B. Jones presiding. May 9, 1917. The Canton Fertilizer Company, holding a fi. fa. against E. M. Hunt & Company, T. J. Hunt, and J. G. Hunt, had summons of garnishment served on Spears, sheriff.
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Claim; from Cherokee superior court — Judge J. B. Jones presiding. May 9, 1917. The Canton Fertilizer Company, holding a fi. fa. against E. M. Hunt & Company, T. J. Hunt, and J. G. Hunt, had summons of garnishment served on Spears, sheriff. In his first answer the sheriff said he had $500 in money belonging to T. J. Hunt, one of the defendants; but in his answer as amended he denied indebtedness to the defendants, and made allegations in the nature of an interpleader, the substance of which is, that a bank check for $500 had been placed in his hands by T. J. Hunt as security for the…
1Opinion of the CourtHarwell, J.
(After stating the foregoing facts.)
’’“Before a claimant becomes a party, to a garnishment suit, he must file a claim to the . property apparently belonging to the defendant, in the hands of the garnishee, or he must give a bond to dissolve the garnishment, under the provisions of the Civil Code” (1910), § 5282. Drought v. Poage, 3 Ga. App. 178 (3) (59 S. E. 728). “Where . . the garnishee in his answer admitted that he had a fund in his hands, but was unable to state whether the same belonged to the defendant, or. to a third person, who, before the filing of the answer, had,- as a claimant of…
2Cases cited7 opinions
- Small v. Mendel, Gosling & Co.Supreme Court of Georgia · 1895
- Booth v. Brooke & Co.Court of Appeals of Georgia · 1909
- Davis v. Pringle Bros.Supreme Court of Georgia · 1899
- Gordon v. Wilson & GradySupreme Court of Georgia · 1896
- Harris v. Exchange BankCourt of Appeals of Georgia · 1916
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3Cited by4 opinions
- Bullock v. ButtsCourt of Appeals of Georgia · 1924
- Drummond v. DrummondCourt of Appeals of Georgia · 1944
- Hamilton v. HardwickCourt of Appeals of Georgia · 1933
- Mixon v. LaceyCourt of Appeals of Georgia · 1922