Legal Opinion

Atlanta & West Point Railroad v. Farmers' Exchange

Court of Appeals of Georgia

Decided July 6, 1909No. 1352, 1353, 1354, 1355PublishedCited by 3 opinions

Certiorari, from Fulton superior court — Judge Pendleton. July 8, 1908. The Farmers’ Exchange obtained four judgments against W: B. Short in the justice’s court of the 1379th district, G. M., of DeKalb county.

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Certiorari, from Fulton superior court — Judge Pendleton. July 8, 1908. The Farmers’ Exchange obtained four judgments against W: B. Short in the justice’s court of the 1379th district, G. M., of DeKalb county. Thereafter, on September 17, 1907, the Farmers’ Exchange, as plaintiffs in fi. fa., procured the issuance of summons of garnishment by the justice of the peace of the 1334th district, G. M., of Fulton county, which on that day were served upon the garnishees, the Atlanta & West Point Railroad Company and the Central of Georgia Railway Company. To the summons of garnishment answers were…

1Opinion of the CourtRussell, J.

(After stating the foregoing facts.) In the petition for certiorari there are several assignments of error which are not insisted upon here, no reference being made to them in the brief. The fact that the justice of the peace entered judgment against the garnishees without the introduction of any evidence, cither in support of the answer or the traverse thereto, would be of no moment in this case, even if the assignment of error upon that ground had been insisted upon before us. The garnishees c ould not complain of the fact that judgment was entered upon the statements contained in their own…

2Cases cited3 opinions

  1. Shropshire v. StateSupreme Court of Georgia · 1888
  2. West v. HarveySupreme Court of Georgia · 1888
  3. Lee & Anderson v. Louisville & Nashville RailroadCourt of Appeals of Georgia · 1907

3Cited by3 opinions

  1. Luke v. LukeCourt of Appeals of Georgia · 1925
  2. Rust v. Producers Co-Operative Exchange, Inc.Court of Appeals of Georgia · 1950
  3. Rust v. Producers Co-Operative Exchange, Inc.Court of Appeals of Georgia · 1950

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