Turner v. Rosseau
Supreme Court of Georgia
Garnishment, in Stewart Superior Court Tried before Judge Kiddoo, October Term, 1856. Francis Rosseau was served with a summons of garnishment issued in a case of attachment sued out by James N, Turner, against Wm. R. Rosseau. He filed his answer denying that he had any of the effects of the absconding debtor in his hands, or that he was indebted to him.
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Garnishment, in Stewart Superior Court Tried before Judge Kiddoo, October Term, 1856. Francis Rosseau was served with a summons of garnishment issued in a case of attachment sued out by James N, Turner, against Wm. R. Rosseau. He filed his answer denying that he had any of the effects of the absconding debtor in his hands, or that he was indebted to him. Plaintiff by his counsel, Tucker and Beall, filed the following traverse to said answer, viz : “And now comes the plaintiff in attachment by his attorneys Tucker and Beall, and tenders issue and says, that said garnishee was indebted to said…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
Was the traverse sufficient? This is the only question. The Court below, it seems, thought the traverse too general.
The language of the attachment act is this: “And where any person, in whose hands any debt or effects may be attached, shall deny owing any money to, or having in his hands any effects of, such debtor, it shall be lawful for the plaintiff to traverse such denial, and thereupon an issue shall be made up and the same be tried by a jury,” &c. 2. Cobb’s Dig. 70.
All that the plaintiff has to do is, to “traverse” the answer of the…
2Cited by6 opinions
- Barkley v. MayCourt of Appeals of Georgia · 1907
- Roberts v. Citizens Bank & Trust Co.Court of Appeals of Georgia · 1925
- Ben O'Callaghan Co. v. Rose, Silverman & HuntCourt of Appeals of Georgia · 1974
- Ben O'Callaghan Co. v. Rose, Silverman & HuntCourt of Appeals of Georgia · 1974
- Brosnan v. UndercoflerCourt of Appeals of Georgia · 1965
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