Milton County Bank v. Bagwell

1. Under the Civil Code (1910), § 5284, a garnishee, if accessible, must be given notice of a traverse to his answer. If no such notice is given a judgment against the garnishee is void (Civil Code of 1910, § 5286), and may be attacked by affidavit of illegality. Haney v. Owens, 39 Ga. App. 462 (147 S. E. 720). And see Payne v. Brown Construction Co., 44 Ga. App. 592 (3) (162 S. E. 410).

2. Mere presence of the garnishee in the courtroom at the time the issue made by the traverse to his answer of no indebtedness was tried and judgment rendered against him- would not dispense with the right to…