Scott, Bondurant & Adams v. Patrick
Supreme Court of Georgia
Certiorari. Garnishment in Justice’s Courts-. Waiver. Before Judge Hopkins. Fulton Superior Court. October Term, 1870. On the 13th of December, 1869, W. A. Patrick et al. sued Cunningham and Widers before a Justice of the Peace, and sued out garnishment against Scott, Bondurant & Adams, requiring them, as garnishees, to answer on the 14th of January, 1870. On this last day judgment was rendered against Cunningham and Widers, and on the next day judgment was rendered against…
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Certiorari. Garnishment in Justice’s Courts-. Waiver. Before Judge Hopkins. Fulton Superior Court. October Term, 1870. On the 13th of December, 1869, W. A. Patrick et al. sued Cunningham and Widers before a Justice of the Peace, and sued out garnishment against Scott, Bondurant & Adams, requiring them, as garnishees, to answer on the 14th of January, 1870. On this last day judgment was rendered against Cunningham and Widers, and on the next day judgment was rendered against the garnishees, they haying filed no answer. Two days later the garnishees proposed to set aside said judgment, and…
1Opinion of the Court
McCay, Judge.
t. The Act of 1869, regulating proceedings before Justices, under the new Constituían, makes no attempt to direct the manner of proceeding against a garnishee. Section 3228 of the Code stands, therefore, unrepealed. That section expressly provides that judgment shall not go against the garnishee if he fails to answer until the second term. It is true that, under the new system the magistrate does not hold his Court on a fixed day in each month for the trial of all cases. But it is true that there is a fixed day for each case. That day may fairly be said to be the term for that…
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