Morris Fertilizer Co. v. Jackson
Court of Appeals of Georgia
Complaint; from city court of Atlanta — Judge Reid. May 25, 1921. On April 19, 1920, Morris Fertilizer Company sued R. B. Jackson on a promissory note; and summons of garnishment, based on this suit, was served on the Bank of Hapeville.
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Complaint; from city court of Atlanta — Judge Reid. May 25, 1921. On April 19, 1920, Morris Fertilizer Company sued R. B. Jackson on a promissory note; and summons of garnishment, based on this suit, was served on the Bank of Hapeville. The bill of exceptions of the fertilizer company states that on June 30, 1920, the defendant filed an answer setting -up that he was adjudicated a bankrupt on May 18, 1920, and asking for a stay of proceedings until his discharge in bankruptcy; and that on May 11, 1921, he filed an amendment attaching to his plea a certified copy of the adjudication, his…
1Opinion of the CourtLuke, J.
The service of a summons of garnishment less than four months before a petition in bankruptcy is filed does not create a lien upon property, money, or effects of the debtor in the hands of the garnishee; aliter, if the summons of garnishment be served more than four months before proceedings in bankruptcy. See Light v. Hunt, 17 Ga. App. 491 (2) (87 S. E. 763), and eases cited.(a) Upon the agreed statement of facts in this case, it appearing that suit and garnishment proceedings were served on April 19, 1920, that the defendant was adjudicated a bankrupt on May 18, 1920, and was duly…
2Cases cited3 opinions
- Coker v. UtterSupreme Court of Georgia · 1921
- Citizens National Bank v. DasherCourt of Appeals of Georgia · 1915
- Light v. HuntCourt of Appeals of Georgia · 1916
3Cited by6 opinions
- Fischer v. Pauline Oil & Gas Co.Supreme Court of the United States · 1940
- Morris Plan Bank of Georgia v. SimmonsSupreme Court of Georgia · 1946
- Roberts v. SeanorCourt of Appeals of Georgia · 1932
- Barnes v. SnyderCourt of Appeals of Georgia · 1925
- Saint John v. JohnsonCourt of Appeals of Georgia · 1936
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