Dooly v. Miles
Supreme Court of Georgia
Certiorari. Before Judge Kimsey. Habersham superior court. March term, 1896. An execution from a justice’s court in favor of Dooly against W. F. Miller, and J. H. .Miles garnishee, from a judgment of February 16, 1894, was levied on November 30, 1894. Miles interposed an affidavit of illegality on the following grounds: (1) There was never any personal service of the summons of garnishment upon defendant as required by law. , (2) Deponent never submitted any answer in…
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Certiorari. Before Judge Kimsey. Habersham superior court. March term, 1896. An execution from a justice’s court in favor of Dooly against W. F. Miller, and J. H. .Miles garnishee, from a judgment of February 16, 1894, was levied on November 30, 1894. Miles interposed an affidavit of illegality on the following grounds: (1) There was never any personal service of the summons of garnishment upon defendant as required by law. , (2) Deponent never submitted any answer in writing to said garnishment so that the court could take action and render judgment for plaintiff against deponent. (3) The…
1Opinion of the CourtSimmons, C. J.
The code requires that when a summons of garnishment is issued, the officer shall serve it upon the person of the garnishee; which we think means that it shall be served personally and not left at his residence or most notorious place of abode. This is done to give the garnishee actual notice of the summons, in order that he may obtain it in time and file his answer in accordance therewith. If left at his residence or place of abode in his absence, he might fail to receive it and fail to make answer, and a judgment would be rendered against him when he might not be indebted to the defendant…
2Cited by6 opinions
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- Alberts v. BakerIndiana Court of Appeals · 1899
- Carrington v. Wilharbla Realty Co.Court of Appeals of Georgia · 1942
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