Legal Opinion

Hamby Mountain Gold Mines, Ltd. v. Findley

Supreme Court of Georgia

Decided May 7, 1890PublishedCited by 8 opinions

Garnishment. Notice to produce papers. Practice. Before Judge Wellborn. White superior court. October term, 1889. On August 30, 1888, Findley recovered a judgment against W. S. Mappin, and execution issued October 2, 1888. On October 11, process of garnishment was sued out and served on the Hamby Mountain Gold Mines, .Limited, a corporation of London, doing business in White county, Ga.

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Garnishment. Notice to produce papers. Practice. Before Judge Wellborn. White superior court. October term, 1889. On August 30, 1888, Findley recovered a judgment against W. S. Mappin, and execution issued October 2, 1888. On October 11, process of garnishment was sued out and served on the Hamby Mountain Gold Mines, .Limited, a corporation of London, doing business in White county, Ga. Answer was made by its resident agent, John Mappin, denying indebtedness, and was traversed by the plaintiff, stating that the garnishee was indebted to W. S. Mappin at the time of the service of the summons…

1Opinion of the Court

Blandford, Justice.

The defendant in error sued out a summons of garnishment to the plaintiff in error, and served it with notice to produce all the books of the corporation, including stock-ledger and all other books of' every description whatever. When the case was called in court, the plaintiff in error not having responded to the notice, it being a foreign corporation and resident in England, upon motion of the defendant in error, the court ordered that the defendant in error take judgment against the garnishee, the plaintiff' in error, without more. In this we think the court did wrong.…

2Cases cited1 opinion

  1. Parish v. Weed Sewing Machine Co.Supreme Court of Georgia · 1887

3Cited by8 opinions

  1. Virginia-Carolina Chemical Co. v. HollisCourt of Appeals of Georgia · 1919
  2. Branan v. Nashville, Chattanooga & Saint Louis Railway Co.Supreme Court of Georgia · 1904
  3. Carrington v. BrooksSupreme Court of Georgia · 1904
  4. Stiger v. MonroeSupreme Court of Georgia · 1895
  5. Macon Shoe Co. v. Equitable Loan Co.Court of Appeals of Georgia · 1933

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