Bank of Southwestern Georgia v. Empire Life Insurance

This was a claim case, and the only issue raised

for the decision of this court is whether the trial judge erred in allowing the plaintiff in fi. fa. to join issue and take a verdict finding the property levied upon subject, where there was no appearance for the claimant. The plaintiff in error insists that the claim should have been dismissed. In National Furniture Co. v. Edwards, 105 Ga. 240 (31 S. E. 161), it is held that “the proper practice in a *321claim case, where the claimant fails to put in an appearance, would be either to dismiss the claim, or for the plaintiff to make out his case…