Warthen v. Melton
Supreme Court of Georgia
Motion to set aside judgment. Before Judge Martin. Marion superior court. December 14, 1907. Tbe Buena Vista Loan & Savings Bank obtained, in the county court of Marion county, a judgment against Eli E. Melton, Mathew Melton, and E. T. Melton, upon which judgment a fi. fa. issued on the 26th day of August, 1895. On December 19, 1895, said fi. fa. was transferred to Mrs. Mathew Melton (now Mrs. Caroline Warthen, the plaintiff in error). Eli E. Melton is a son and heir at law…
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Motion to set aside judgment. Before Judge Martin. Marion superior court. December 14, 1907. Tbe Buena Vista Loan & Savings Bank obtained, in the county court of Marion county, a judgment against Eli E. Melton, Mathew Melton, and E. T. Melton, upon which judgment a fi. fa. issued on the 26th day of August, 1895. On December 19, 1895, said fi. fa. was transferred to Mrs. Mathew Melton (now Mrs. Caroline Warthen, the plaintiff in error). Eli E. Melton is a son and heir at law of Mitson Melton, deceased, and Troy Melton is the administrator on the estate of the deceased. On December 2, 1902,…
1Opinion of the CourtBeck, J.
(After stating the facts.)
1. Where one who is a transferee of a judgment sues out a process of garnishment against another, and the latter, in answer to the summons of garnishment, admits that he is indebted to the •defendant in execution, and thereupon the plaintiff enters a judgment against the garnishee for the sum admitted by Mm to be due the principal debtor, such a judgment, while conclusive against the garnishee, does not conclude the defendant in execution, upon proper pleadings, from attacking the judgment against the garnishee and showing that the judgment and execution, upon which…
2Cases cited4 opinions
- Powell v. DavisSupreme Court of Georgia · 1878
- Miller v. PerkersonSupreme Court of Georgia · 1907
- Foster v. HaynesSupreme Court of Georgia · 1891
- Patterson v. ClarkSupreme Court of Georgia · 1897
3Cited by13 opinions
- Atlantic Coast Line R. Co. v. OuztsCourt of Appeals of Georgia · 1950
- Register v. Southern States Phosphate & Fertilizer Co.Supreme Court of Georgia · 1924
- Tarver v. JonesCourt of Appeals of Georgia · 1925
- Herrington v. WimberlySupreme Court of Georgia · 1933
- Revis v. Forsyth County Hospital AuthorityCourt of Appeals of Georgia · 1984
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