Rogers v. Moore, Jenkins & Co.
Supreme Court of Georgia
Dissolution of 'garnishment. Before Judge Worrill. Muscogee Superior Court. May Term, 1869. Moore, Jenkins & Company sued William P. Turner and James T. Persons, partners, under the style of William P. Turner & Company, and fy. M. Allen, as agent, etc., sued said Persons individually. In each case Challes Rogers was served with garnishment.
Read the full summary
Dissolution of 'garnishment. Before Judge Worrill. Muscogee Superior Court. May Term, 1869. Moore, Jenkins & Company sued William P. Turner and James T. Persons, partners, under the style of William P. Turner & Company, and fy. M. Allen, as agent, etc., sued said Persons individually. In each case Challes Rogers was served with garnishment. Pending these actions Persons filed with the sheriff his bonds to dissolve said garnishment, and the sheriff addressed the following note to Rogers: “Mr. Charles Rogers — I have this day taken bond from James T. Persons and good security, in the case of…
1Opinion of the CourtBrown, C. J.
In the view we take of this case, it is not necessary to consider the question of the Alabama liens or the conflicting rights between the plaintiffs in attachment. The record shows that the sheriff, whose duty it was to levy the attach-, ment, which was done in this case by serving Rogers with summons of garnishment, afterwards gave the garnishee ■written notice, that the'defendant in attachment had given bond, and that the attachment was dissolved. After Rogers received this notice, acting in good faith, as we must presume, as his answer was not traversed, he paid over to Persons, the…
2Cited by1 opinion
- Fitzgerald Military Band v. Colony BankSupreme Court of Georgia · 1902