Rossiter MacGovern & Co. v. Carrollton Electric Light Co.
Court of Appeals of Georgia
Levy and claim, from city court of .Carrollton — Judge Hodnett-Oetober 16, 1908. .
1Opinion of the CourtPowell, J.
1. The claimant to the fund sought to be subjected to an attachment through the service of summons of garnishment is not entitled to move to dismiss or quash the attachment; his remedy is to move to dismiss the levy, if for any reason the attachment is defective. Morrison v. Anderson, 111 Ga. 847 (36 S. E. 462), and cit.; Carreker v. Thornton, 1 Ga. App. 511 (57 S. E. 988).
2. Where an attachment against a non-resident is levied by service of summons of garnishment, and the garnishee files an .answer in the nature of an interpleader, admitting possession of certain property asserted to be the…
2Cases cited4 opinions
- Small v. Mendel, Gosling & Co.Supreme Court of Georgia · 1895
- Carreker v. ThorntonCourt of Appeals of Georgia · 1907
- Johnson v. Waxelbaum Co.Court of Appeals of Georgia · 1907
- Morrison & McRae v. AndersonSupreme Court of Georgia · 1900
3Cited by7 opinions
- Jones v. PopeCourt of Appeals of Georgia · 1910
- Wright, Williams & Wadley v. BrownCourt of Appeals of Georgia · 1910
- Nalley v. StateCourt of Appeals of Georgia · 1912
- Bullock v. ButtsCourt of Appeals of Georgia · 1924
- Pioneer Investments, Inc. v. AdrineCourt of Appeals of Georgia · 1958
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