Barnard v. DuPree
Supreme Court of Georgia
Certiorari. Before Judge Pendleton. Pulton superior court. November 19, 1918. The defendant in error sued out an attachment against the plaintiff in error, and also instituted garnishment proceedings, the Atlanta National Bank being the garnishee. The affidavit upon which the attachment was issued was sworn to and subscribed before the deputy clerk of the municipal court of Atlanta.
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Certiorari. Before Judge Pendleton. Pulton superior court. November 19, 1918. The defendant in error sued out an attachment against the plaintiff in error, and also instituted garnishment proceedings, the Atlanta National Bank being the garnishee. The affidavit upon which the attachment was issued was sworn to and subscribed before the deputy clerk of the municipal court of Atlanta. When the case came on for trial in that court a motion to dismiss the garnishment proceedings was made, upon the ground that the affidavit in the proceedings had been sworn to before the deputy clerk of the…
1Opinion of the CourtBeck, P. J.
(After stating the foregoing facts.) The constitutionality of section 28 of the act approved August 20, 1913 (Acts 1913, p. 145), entitled “An act to carry into effect in the City of Atlanta the provisions of the amendment to paragraph 1 of section 7 of article 6 of the constitution of the State of Georgia, ratified October 2d, 1912,” etc., was attacked on the grounds that it was a special law with reference to matters which are covered by a general law; and that it conferred powers of a judicial character upon the clerk of the municipal court. Section 28 of the act in question reads as…
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