Legal Opinion

Stauffer Chemical Co. v. Pop's Top Shop, Inc.

Court of Appeals of Georgia

Decided December 1, 1976No. 52840PublishedCited by 3 opinions

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

  1. City Finance Co. v. WinstonSupreme Court of Georgia · 1976
  2. Rose, Silverman & Hunt v. BEN O'CALLAGHAN COMPANYCourt of Appeals of Georgia · 1975

3Cited by3 opinions

  1. Outdoor Systems, Inc. v. Cobb CountySupreme Court of Georgia · 2001
  2. Shepherd v. ShepherdCourt of Appeals of Georgia · 1977
  3. Outdoor Systems, Inc. v. Cobb CountySupreme Court of Georgia · 2001