Hammett v. Morris
Supreme Court of Georgia
Garnishment. Judgments. Practice in the Supreme Court. Before Judge Knight. Cobb Superior Court. November Term, 1875. When this case was called a motion was made by counsel for defendant to dismiss the writ of error because no record had been forwarded.
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Garnishment. Judgments. Practice in the Supreme Court. Before Judge Knight. Cobb Superior Court. November Term, 1875. When this case was called a motion was made by counsel for defendant to dismiss the writ of error because no record had been forwarded. It was replied that this omission was caused by an agreement of counsel indorsed on the bill of exceptions as follows: “ We acknowledge full and complete service of notice that this bill of exceptions has been signed and certified, and we waive all other service or notice; and as the entire evidence and record in the case are embodied and…
1Opinion of the Court
Jackson, Judge.
Hill sued Bisauer, and garnished Morris, obtaining judgment against both. Bisauer paid Hill the whole amount due him, and the judgment against Bisauer was satisfied. Thereupon Hill transferred the judgment against Morris, the garnishee, to Bisauer; Bisauer transferred it to Phillips, and Phillips to Hammett, who had it levied upon Morris’ property. Morris filed an affidavit of illegality on the ground that the original judgment, or main judgment, against Bisauer having been satisfied, the ancillary judgment against the garnishee was fimctus officio, and could not be enforced in…
2Cited by5 opinions
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