Lawton v. Branch
Supreme Court of Georgia
Garnishment. Judgment. Practice in the Superior Court. Before Judge Harden. City Court of Savannah. July Term, 1878. The facts of this case are set out in the head-note and opinion. Branch & Cooper were plaintiffs, Cabaniss defendant, and Lawton garnishee. Judgment was rendered against Lawton; he moved to set it aside; the motion was overruled, and he excepted.
1Opinion of the Court
■Jackson, Justice.
The question made by this record is, whether a garnishee who fails to make answer to a summons of garnishment requiring him to answer not only in respect to indebtedness when served with the summons and when he answered it, •but intermediate those dates, when he fails to answer touching the latter point of inquiry, and judgment is awarded . against him regularly for such failure, can relieve himself from his negligence on a motion to set aside the judgment at a subsequent term on the ground of accident and mistake ?
He got the clerk to write his answer for him. He told •the…
2Cases cited3 opinions
- Kite v. LumpkinSupreme Court of Georgia · 1869
- A. C. Shaifer & Co. v. Baker & CaswellSupreme Court of Georgia · 1868
- Willet v. PriceSupreme Court of Georgia · 1861
3Cited by3 opinions
- Sutton v. GunnSupreme Court of Georgia · 1891
- Georgia Mausoleum Co. v. WilliamsSupreme Court of Georgia · 1917
- Savannah Bank & Trust Co. v. KeaneCourt of Appeals of Georgia · 1972