Legal Opinion

Curry v. National Bank

Supreme Court of Georgia

Decided July 15, 1874PublishedCited by 2 opinions

Garnishment. Costs. Before Judge Gould. City Court-of Augusta. May Term, 1874. On December 22d, 1873, Curry instituted an action of complaint against Milledge L. Bonham, as maker, and Graham & Butler, as acceptors, on a draft dated April 7 th, 1873, and due November 1st, next thereafter, for $130 00, returnable to the February term, 1874, of the city court of Augusta. On the same day process of garnishment was served on the National Bank of Augusta.

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Garnishment. Costs. Before Judge Gould. City Court-of Augusta. May Term, 1874. On December 22d, 1873, Curry instituted an action of complaint against Milledge L. Bonham, as maker, and Graham & Butler, as acceptors, on a draft dated April 7 th, 1873, and due November 1st, next thereafter, for $130 00, returnable to the February term, 1874, of the city court of Augusta. On the same day process of garnishment was served on the National Bank of Augusta. On April 4th, 1874, in vacation, the garnishee answered denying all indebtedness to' the defendants, except in the sum of $67 06, which appeared…

1Opinion of the Court

Trippe, Judge.

1. The answer of the garnishee was not filed at the return term of the summons, nor was that the term at which judgment could have been obtained against the principal debtor. It was the first term after suit was commenced against him. The answer of the garnishee was made out and filed after the adjournment of that term, but before the judgment term for the main suit. We do not think that by this the garnishee forfeited all right, and was subject to have judgment entered against him as a defaulting garnishee who does not answer at .all. It may be true that a garnishee should not…

2Cited by2 opinions

  1. Paton & Co. v. Chambliss & Co.Supreme Court of Georgia · 1902
  2. Darnall v. Wood & BrotherSupreme Court of Georgia · 1889

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