Hoskins, Huskill & Co. v. Johnson & Garrett
Supreme Court of Georgia
Attachment and Garnishment, from Floyd county. Deci•ded by Judge Hammond. August Term, 1857. On the 24th December, 1856, Hoskins, Huskill & Co. sued out an attachment against Johnson & Garrett, and garnisheed Cothran and Sloan, who were served with a summons of garnishment on the evening of 24th Dec.
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Attachment and Garnishment, from Floyd county. Deci•ded by Judge Hammond. August Term, 1857. On the 24th December, 1856, Hoskins, Huskill & Co. sued out an attachment against Johnson & Garrett, and garnisheed Cothran and Sloan, who were served with a summons of garnishment on the evening of 24th Dec. (Cothran served with a copy 20 minutes past 5 o’clock, P. M., and Sloan 40-minutes past 5, P. M.) , Cothran & Sloan answered that on the 23d December they received on consignment from John G. Garrett, one of the firm of Johnson & Garrett, 25 bales of cotton, and on the-same day advanced to…
1Opinion of the CourtBenning, J.
By the Court. delivering the opinion.
The debt which the two competing garnishments were in pursuit of, was a debt due from a partnership composed of two persons, C. Cothran & A. M. Sloan. These persons were both living.
These facts sufficiently appeared upon the face of the proceedings in each garnishment.
One of the two garnishments, that of Hoskins, Huskill & Co., was sued out against the partnership of Cothran & Sloan; the other, that of the Bank, was sued out against Sloan only.
Which of the two, attached the debt ? This is the question.
The situation which the garnishing plaintiff occupies…
2Cases cited1 opinion
- Dennis v. GreenSupreme Court of Georgia · 1856
3Cited by6 opinions
- Jones v. LanghorneSupreme Court of Colorado · 1893
- Savings & Loan Corp. v. BearSupreme Court of Virginia · 1930
- Willis v. HendersonSupreme Court of Georgia · 1871
- Bank of LaGrange v. CotterSupreme Court of Georgia · 1897
- Kilpatrick v. Aetna Insurance CompanyCourt of Appeals of Georgia · 1962
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