Averback v. Spivey
Supreme Court of Georgia
Motion to set aside judgment. Before Judge Covington. City-court of Moultrie. February 10, 1904. On August 18, 1902, Averback obtained judgment against Davis, in the city court of Moultrie. In the following month he caused a summons of garnishment to issue against Spivey, calling upon him to answer at the next (November) term as to what money or effects he had in possession belonging to Davis.
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Motion to set aside judgment. Before Judge Covington. City-court of Moultrie. February 10, 1904. On August 18, 1902, Averback obtained judgment against Davis, in the city court of Moultrie. In the following month he caused a summons of garnishment to issue against Spivey, calling upon him to answer at the next (November) term as to what money or effects he had in possession belonging to Davis. At that term judgment by default was entered against Spivey in his absence and without further notice, he being hindered from attending court'by the fatal illness of his child. The second term after…
1Opinion of the CourtLamar, J.
In this case a .garnishment was sued out on a judgment, as provided in the Civil Code, §4705. By the last clause of § 4709, procéedings subsequent to the affidavit and summons “ shall be the same as prescribed in cases of attachment.” By the Civil Code, § 4551, the answer in all cases is in time if made on the first day of the second term of the superior court after service of the summons. Sanders v. Miller, 60 Ga. 554. Jarrell v. Guann, 105 Ga. 141; Atlanta Journal v. Brunswick Pub. Co., 111 Ga. 722. Under these decisions and sections of the'code, the garnishee, therefore, had until the…
2Cases cited6 opinions
- Dodson Printers Supply Co. v. HarrisSupreme Court of Georgia · 1902
- Mathews & Co. v. BishopSupreme Court of Georgia · 1899
- Jarrell v. GuannSupreme Court of Georgia · 1898
- Atlanta Journal v. Brunswick Publishing Co.Supreme Court of Georgia · 1900
- Liverpool & London & Globe Insurance v. Savannah Grocery Co.Supreme Court of Georgia · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Peacock v. WalkerSupreme Court of Georgia · 1957
- Gainesville Grocery Co. v. Bank of DahlonegaCourt of Appeals of Georgia · 1920
- Patterson Produce & Provision Co. v. WilkesCourt of Appeals of Georgia · 1907
- Potts v. SMITH GRAIN COMPANY, INC.Court of Appeals of Georgia · 1959
- Parker v. BrananCourt of Appeals of Georgia · 1963
6 more not listed; retrieve them via the Exa API.