Dent v. Dent
Supreme Court of Georgia
Affidavit of illegality. Before Judge Felton. Crawford superior court. March 30, 1903. S. W. Dent sued Colbert in Crawford superior court. A summons of garnishment directed to W. J. Dent was issued on an affidavit and bond based on this suit, dated September 7, 1897, and was served on that day. On March 20, 1899, a verdict was rendered in favor of the plaintiff, and the following judgment entered thereon: “ S. W. Dent vs. Arch Colbert, deft., W. J. Dent, garnishee.
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Affidavit of illegality. Before Judge Felton. Crawford superior court. March 30, 1903. S. W. Dent sued Colbert in Crawford superior court. A summons of garnishment directed to W. J. Dent was issued on an affidavit and bond based on this suit, dated September 7, 1897, and was served on that day. On March 20, 1899, a verdict was rendered in favor of the plaintiff, and the following judgment entered thereon: “ S. W. Dent vs. Arch Colbert, deft., W. J. Dent, garnishee. Complaint on note. Crawford superior court, March term, 1899. Yerdict for plaintiff. The jury empaneled to try the above-stated…
1Opinion of the CourtLamar, J.
While ancillary to the main action, a garnishment proceeding is a distinct suit against a separate party, and for an entirely new cause of action. In the main case the question is *854whether the defendant is indebted to the plaintiff. In the garnishment suit the question is whether the garnishee is indebted to the defendant. Untiljudgment against the defendant, the plaintiff has no cause of action against the garnishee. The statute, it is true, gives the plaintiff a right to summon the garnishee, but his right to further prosecute the suit is not complete until after verdict and judgment in the…
2Cases cited8 opinions
- Exchange Bank v. Macon Construction Co.Supreme Court of Georgia · 1895
- Fourth National Bank v. MayerSupreme Court of Georgia · 1892
- Gordon v. IrvineSupreme Court of Georgia · 1898
- Holbrook & Co. v. Evansville & Terre Haute RailroadSupreme Court of Georgia · 1901
- Atlanta Journal v. Brunswick Publishing Co.Supreme Court of Georgia · 1900
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3Cited by22 opinions
- Register v. Stone's Independent Oil Distributors, Inc.Supreme Court of Georgia · 1971
- David Dwayne Cassady v. Steven D. HallCourt of Appeals for the Eleventh Circuit · 2018
- North Georgia Finishing, Inc. v. Di-Chem, Inc.Supreme Court of Georgia · 1973
- Register v. Stone's Independent Oil DistributorsCourt of Appeals of Georgia · 1970
- Lamb v. WhitmanCourt of Appeals of Georgia · 1916
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