Russell v. Freedman's Savings Bank
Supreme Court of Georgia
Garnishment. Practice in the Superior Court. Before Judge Hill. Bibb Superior Court. April Term, 1873. Joseph E. Russell brought case against John R. Johnson for $300 00 damages, and served a summons of garnishment upon the Freedman’s Savings Bank of Macon. At the April term, 1873, the plaintiff obtained judgment against the defendant for the amount sued for. Subsequently, no answer having been filed, judgment was rendered against the garnishee.
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Garnishment. Practice in the Superior Court. Before Judge Hill. Bibb Superior Court. April Term, 1873. Joseph E. Russell brought case against John R. Johnson for $300 00 damages, and served a summons of garnishment upon the Freedman’s Savings Bank of Macon. At the April term, 1873, the plaintiff obtained judgment against the defendant for the amount sued for. Subsequently, no answer having been filed, judgment was rendered against the garnishee. During the same term, the garnishee moved to vacate said judgment, upon the following statement of facts: In May, 1872, the defendant, Johnson, had…
1Opinion of the Court
Warner, Chief Justice.
This was a motion to set aside a judgment against a garnishee who had failed to answer. The motion to set aside the judgment was made during the same term of the Court at which it was rendered. The Court, after hearing and considering the evidence in support of the motion to set aside the judgment, passed an order setting it aside, and the plaintiff excepted. The general rule undoubtedly is, that the Courts will not set aside a judgment against a garnishee who fails to answer, unless some good and satisfactory reason be shown therefor, to be judged of by the Court. In…
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