Sparks v. Bloodworth
Supreme Court of Georgia
Garnishment. Before Judge Pendleton. Fulton superior court. September 19, 19071 Judgment was rendered in the superior court against Barnes, who was constable of a justice’s court. The judgment was transferred by the plaintiff therein to Sparks, who had summons of garnishment issued and served upon Bloodworth, who was justice of the peace of the court of which Barnes was constable.
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Garnishment. Before Judge Pendleton. Fulton superior court. September 19, 19071 Judgment was rendered in the superior court against Barnes, who was constable of a justice’s court. The judgment was transferred by the plaintiff therein to Sparks, who had summons of garnishment issued and served upon Bloodworth, who was justice of the peace of the court of which Barnes was constable. On the trial of the case the only oral testimony delivered was that of Blood-worth, which was as follows: “I am ex-officio justice of the peace for the 1026th district G-. M. of Fulton county. Mr. Barnes is a…
1Opinion of the CourtHolden, J.
(After stating the facts.)
The defendant contends in this case that the judgment of the court below was correct, for two reasons: first, Bloodworth was not subject to garnishment,'because he held the money due Barnes in his official capacity as justice of the peace, and, as such officer, was not subject to garnishment; and second, that the amount due Barnes was his costs as constable and was not subject to garnishment. We do not think that the money turned over to Bloodworth by Barnes was. afterwards held by Bloodworth inTiis official capacity as justice of the peace; nor do we think that such…
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