Willis v. Fincher
Supreme Court of Georgia
Garnishment. Practice. Justice Courts. Before Judge STEWART. Pike Superior Court. October Term, 1881. Willis obtained judgment against P'incher in a justice’s court at the December term of said court. On December 2d he garnished one Fincher, the process being returnable to the next (January) term of the court, which was held on the first Saturday in January, 1881. The garnishee answered on January 1st, that he was not indebted to the defendant. No traverse was filed.
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Garnishment. Practice. Justice Courts. Before Judge STEWART. Pike Superior Court. October Term, 1881. Willis obtained judgment against P'incher in a justice’s court at the December term of said court. On December 2d he garnished one Fincher, the process being returnable to the next (January) term of the court, which was held on the first Saturday in January, 1881. The garnishee answered on January 1st, that he was not indebted to the defendant. No traverse was filed. At the February term of the justice’s court the docket was regularly called, when plaintiff moved the court to strike the…
1Opinion of the Court
Speer, Justice.
1. One of the questions made by this record is whether a person summoned to answer a garnishment returnable to a regular term of a justice’s court and service of which was made on him on the second day of December, 1880, was bound to answer within ten days from the service, as provided by section 4161 of the Code, or was the privilege extended to him of answering “at the term to which the garnishment is returnable,” as provided by the act approved 6th December, 1880, amending said section.
The procedures of courts are always subject to legislation. The amended act of 6th…
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