Pratt v. Young
Supreme Court of Georgia
Garnishment. Practice. Service. Before Judge Maddox. Floyd superior court. September term, 1891. In a suit of Pratt against Keating a judgment was rendered against Young as garnishee.
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Garnishment. Practice. Service. Before Judge Maddox. Floyd superior court. September term, 1891. In a suit of Pratt against Keating a judgment was rendered against Young as garnishee. In this judgment it was recited, among other things, that on February 10, 1886, there was personal service of summons of garnishment made on Young in the case, that the same was in default, no answer to the summons having been filed by Young, and that the summons was returnable to the March term, 1886, of the court, and Young had failed to answer. This judgment was rendered in July, 1889. Afterwards Young filed…
1Opinion of the Court
*39 Judgment reversed.
There was a verdict for the movant, and the motion for new trial made by Pratt was overruled, to which he excepted. In addition to the grounds that the verdict was contrary to law, evidence, etc., it was alleged in the motion that the court erred in charging : “ The movant files his petition to set aside the judgment therein described, on two grounds : 1st, because the movant has never been served, with a summons of garnishment in the case of William H. Pratt versus Patrick Keating, defendant, and John J. Young et al., garnishees, set out and mentioned in his petition filed…
2Cited by2 opinions
- Woods v. Massachusetts MillsCourt of Appeals of Georgia · 1916
- Trust Co. v. JacksonCourt of Appeals of Georgia · 1928