Carter v. Sherwood Plaza, Inc.

Deen, Judge.

We agree with the appellant that the lien created by service of the summons of garnishment may not be defeated by arrangements between the defendant and the garnishee for that purpose (Legg v. Spratlin, 37 Ga. App. 392 (140 SE 518)), and also that the test of whether funds in the hands of a third person are subject to garnishment is whether or not the original defendant could himself recover such funds by suit directly against the garnishee (Butler v. Billups, 101 Ga. 102 (28 SE 615)). Under the testimony of the garnishee’s officer in charge of building construction, the defendant…