Jones v. Maril
Court of Appeals of Georgia
Garnishment; from city court of Savannah—Judge Davis Freeman. May 20, 1916.
1Opinion of the CourtLuke, J.
1. A garnishment proceeding makes a case separate and distinct from that in aid of which it is instituted. It involves different parties, different issues, and a different cause of action; it requires a special place on the docket, and a separate trial on the merits; and, where instituted in aid of a pending action, it can not be tried until the main case is disposed of by a final judgment. Civil Code (1910), §§ 5269, 5281, 5292; Hammett v. Morris, 55 Ga. 644; Fourth National Bank v. Mayer, 89 Ga. 108 (14 S. E. 891); N., C. & St. L. Ry. v. Brown, 3 Ga. App. 561 (60 S. E. 319).
2. The defendant…
2Cases cited17 opinions
- Erwin v. EnnisSupreme Court of Georgia · 1898
- Fourth National Bank v. MayerSupreme Court of Georgia · 1892
- Wells v. Coker Banking Co.Supreme Court of Georgia · 1901
- Western Assurance Co. v. WaySupreme Court of Georgia · 1896
- Nashville, Chattanooga & Saint Louis Railway v. BrownCourt of Appeals of Georgia · 1908
12 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Chambers v. WalkerCourt of Appeals of Georgia · 1921
- Pope v. United States Fidelity & Guaranty Co.Court of Appeals of Georgia · 1942
- Donaldson v. Tripod Paint Co.Court of Appeals of Georgia · 1931
- Rowe v. Peoples Credit Clothing Co.Court of Appeals of Georgia · 1927
- Stone v. Peoples BankCourt of Appeals of Georgia · 1972
8 more not listed; retrieve them via the Exa API.