Herndon v. Braddy

(After stating the foregoing facts.) The question here presented is whether a judgment in favor of a garnishing creditor against the fund caught by the garnishment and brought into the court has a lien upon the fund superior to that *167of a common-law judgment of older date. Judge Jones evidently followed the decision of this court in General Motors v. Bank of Valdosta, rendered December 10, 1923, and reported in 31 Ga. App. 475, which holds that the rule laid down in Garrard v. Moffett, 51 Ga. 93, in the year 1874, construing the section of the Code of 1873 which is section 5290 of the Civil…