Whitehead v. Patterson
Supreme Court of Georgia
Garnishment. Judgment. Practice. Before Judge Ross. City court of Macon. June term, 1891. Whitehead sued Thomas Willingham and R. W. Patterson as former copartners using the firm name of Willing-ham & Patterson, for $775, on certain notes and a due-bill, each signed Willingham &'Patterson. Patterson was served, and there was a return of non est inventus as to Willingham.
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Garnishment. Judgment. Practice. Before Judge Ross. City court of Macon. June term, 1891. Whitehead sued Thomas Willingham and R. W. Patterson as former copartners using the firm name of Willing-ham & Patterson, for $775, on certain notes and a due-bill, each signed Willingham &'Patterson. Patterson was served, and there was a return of non est inventus as to Willingham. A judgment was taken for plaintiff against defendants for the amount sued for, with interest and costs, in form a judgment by default. Upon the same day, by consent an agreement was ordered placed upon the minutes and made…
1Opinion of the Court
Bleckley, Chief Justice.
1. The act of October 15, 1885, made an important change in the law of garnishment. It contemplates that there shall be no liability upon the bond given to dissolve a garnishment, unless the fund or property in the hands of the garnishee is adjudged to be subject to garnishment. Until this question has been adjudicated, it is not too late for the defendant in the garnishment proceeding to set up that no valid judgment against him for the plaintiff’s debt has been rendered, or that if rendered it has been discharged by release or otherwise. Consequently the court did…
2Cited by10 opinions
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- Harper & Co. v. Ginners Mutual InsuranceCourt of Appeals of Georgia · 1909
- Garden v. CrutchfieldSupreme Court of Georgia · 1900
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