Sixth Street Corp. v. City Stores Co.

Hawes, Justice.

Sixth Street Corporation sued City Stores Company in the Superior Court of Fulton County to set aside and enjoin the enforcement of a judgment rendered against it as garnishee in the Civil Court of Fulton County. The trial court sustained the defendant’s motion to dismiss on the ground that the plaintiff had an adequate remedy at law in its right to sue the Marshal and Deputy Marshal of the Civil Court of Fulton County on their bonds for making an allegedly false return of service. Plaintiff appealed from that judgment. Paragraph 2 of the complaint alleges: "Plaintiff was the…