Bates & Co. v. Forsyth
Supreme Court of Georgia
Garnishment. Practice in the Superior Court. Before Judge Underwood. Eloyd Superior Court. March Term, 1879. The case below grew out of a garnishment in Eloyd superior court. In a suit pending in said court in favor of Bates & Co. vs. John Harkins, the plaintiffs, on June 23, 1875, sued out a garnishment, which was served on D, R. Mitchell, on June 28,1875. Mitchell, at the next term, filed an answer denying any indebtedness to Harkins.
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Garnishment. Practice in the Superior Court. Before Judge Underwood. Eloyd Superior Court. March Term, 1879. The case below grew out of a garnishment in Eloyd superior court. In a suit pending in said court in favor of Bates & Co. vs. John Harkins, the plaintiffs, on June 23, 1875, sued out a garnishment, which was served on D, R. Mitchell, on June 28,1875. Mitchell, at the next term, filed an answer denying any indebtedness to Harkins. This answer the plaintiffs traversed, alleging that the garnishee owed defendant $500.00, and subsequently amended their traverse by alleging as follows :…
1Opinion of the Court
Jackson, Justice.
We are all of opinion that the court erred in striking the entire traverse of the plaintiffs. It appears to have been two-fold in its specifications denying the truth of the gar*235nishee’s answer. Eirst, it alleged indebtedness of garnishee to defendant to the amount of five hundred dollars. Upon this allegation it is clear that the plaintiff had the right to go to the jury and prove this indebtedness, if he could. Secondly, it was alleged in amendments to the traverse that Harkins, the defendant, had a claim on Mitchell arising out of a transfer which Mitchell made of certain…
2Cited by2 opinions
- Bates & Co. v. ForsythSupreme Court of Georgia · 1882
- Herrington v. City of DublinCourt of Appeals of Georgia · 1935