Legal Opinion

First National Bank v. Ramsey-Wheeler Co.

Court of Appeals of Georgia

Decided January 7, 1916No. 6409PublishedCited by 3 opinions

Garnishment; from city court of Bainbridge — Judge Spooner. January 28, 1915.

1Opinion of the CourtWade, J.

1. “A garnishee, if the debtor be indebted to him, has a lien on funds coming into his- hands, or future indebtedness to the debtor on his part, superior to that of the plaintiff in garnishment. He is entitled to pay himself before he is required to collect for the benefit of others; and this applies to any past indebtedness due him by the defendant.” Mutual Reserve Insurance Co. v. Fowler, 2 Ga. App. 537 (2), 540 (59 S. E. 469); Civil Code, § 5273. See, in this connection, Odum v. Macon & Birmingham Railway Co., 118 Ga. 792, 794 (45 S. E. 619). On review the court adheres to the rulings made…

2Cases cited4 opinions

  1. Singer Sewing Machine Co. v. Southern Grocery Co.Court of Appeals of Georgia · 1907
  2. Holmes v. Pope & FlemingCourt of Appeals of Georgia · 1907
  3. Mutual Reserve Life Insurance v. FowlerCourt of Appeals of Georgia · 1907
  4. Odum & Cochran v. Macon & Birmingham Railway Co.Supreme Court of Georgia · 1903

3Cited by3 opinions

  1. W. C. Caye & Co. v. Milledgeville Banking Co.Court of Appeals of Georgia · 1955
  2. Ownby v. WagerCourt of Appeals of Georgia · 1941
  3. Aiken v. SmithCourt of Appeals of Georgia · 1942

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