Legal Opinion

Darby v. Thompson

Court of Appeals of Georgia

Decided July 9, 1929No. 19754Published

1Opinion of the CourtBkoyles, C. J.

1. It is well settled that a judgment against a garnishee, when duly entered, is as to him conclusive of the proposition that the plaintiff in the garnishment proceedings had already obtained a valid judgment against the main debtor whose effects were sought to be reached by the garnishment proceedings. Holbrook v. Evansville &c. R. Co., 114 Ga. 1 (39 S. E. 937) ; Warner v. Strickland, 144 Ga. 547 (87 S. E. 667).

2. Under the above-stated ruling the affidavit of illegality in the instant case was wholly devoid of merit and was properly dismissed on the oral motion of the plaintiff.

3. It…

2Cases cited2 opinions

  1. Holbrook & Co. v. Evansville & Terre Haute RailroadSupreme Court of Georgia · 1901
  2. Warner & Co. v. StricklandSupreme Court of Georgia · 1916

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