Carhart & Ross & Co. v. Jno. B. Ross & Co.
Supreme Court of Georgia
Garnishment, in Bibb Superior Court. Tried before Judge Powers, Nov. Term, 1853. Ross & Co., on tho 21st day of March, 1853, sued out an attachment against Ptolemy Watkins, for $300, returnable to May Term, 1853, of Bibb Superior Court. The attachment was le.vied on 9' boxes of tobacco; and summons of garnishment served upon Elijah H. Carhart and Aaron A. Ross, both as individuals, and as partners, on the day the attachment was issued.
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Garnishment, in Bibb Superior Court. Tried before Judge Powers, Nov. Term, 1853. Ross & Co., on tho 21st day of March, 1853, sued out an attachment against Ptolemy Watkins, for $300, returnable to May Term, 1853, of Bibb Superior Court. The attachment was le.vied on 9' boxes of tobacco; and summons of garnishment served upon Elijah H. Carhart and Aaron A. Ross, both as individuals, and as partners, on the day the attachment was issued. At tho November Term, 1853, verdict and judgment were rendered, and entered up for the plaintiffs on the attachment. At the May Term, 1853, to which the…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] Was the Court right, in ruling that the garnishee shaving failed to file their answer on the day designated in the ■order for that purpose, they were remediless at Law, and could ■only be relieved in Equity ?
*188The Act of 1834 provides, “ that where a person shall fail 'to answer, after being duly summoned as garnishee, the Court, upon the motion of the plaintiff, or his attorney, shall pass a rule or order, requiring the garnishee to answer, at such time as the Court may direct, or show cause why judgment should not be entered against him, for…
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