Stauffer Chemical Co. v. Pop's Top Shop, Inc.
Court of Appeals of Georgia
1Opinion of the Court
Bell, Chief Judge.
This is a post-judgment garnishment proceeding to which the 1976 post-judgment garnishment statute applies. (Ga. L. 1976, pp. 1608-1629 (Code § 46-101 et seq.)). The Supreme Court in City Finance Co. v. Winston, 238 Ga. 10, held that the 1976 post-judgment garnishment statute was unconstitutional. We must therefore hold the garnishment proceeding on appeal void and of no effect. Rose, Silverman & Hunt v. Ben O’Callaghan Co., 134 Ga. App. 648, 649 (215 SE2d 515). The judgment for the defendant is affirmed.
Judgment affirmed.
Clark and Stolz, JJ., concur.
2Cases cited2 opinions
- City Finance Co. v. WinstonSupreme Court of Georgia · 1976
- Rose, Silverman & Hunt v. BEN O'CALLAGHAN COMPANYCourt of Appeals of Georgia · 1975
3Cited by3 opinions
- Outdoor Systems, Inc. v. Cobb CountySupreme Court of Georgia · 2001
- Shepherd v. ShepherdCourt of Appeals of Georgia · 1977
- Outdoor Systems, Inc. v. Cobb CountySupreme Court of Georgia · 2001