Whaley v. Kear
Supreme Court of Georgia
Garnishment. ' Before Judge Fite. 'Whitfield superior court. October 21, 1911. James Near instituted suit against J. N. Stoneeipher to recover damages for an alleged breach of warranty in the sale of land, and thereupon sued out process of garnishment. A summons of garnishment, returnable to the October term, 1909, was issued and was served upon S. ,M. Whaley, who filed his answer at the return term, denying indebtedness to the defendant.
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Garnishment. ' Before Judge Fite. 'Whitfield superior court. October 21, 1911. James Near instituted suit against J. N. Stoneeipher to recover damages for an alleged breach of warranty in the sale of land, and thereupon sued out process of garnishment. A summons of garnishment, returnable to the October term, 1909, was issued and was served upon S. ,M. Whaley, who filed his answer at the return term, denying indebtedness to the defendant. At the same term a traverse of the answer was filed, in which it was averred that the garnishee had in his hands the sum of two hundred dollars belonging to…
1Opinion of the CourtEvans, P. J.
In a garnishment proceeding a traverse to the garnishee’s answer may, but need not, be made at the term to which the answer is made. It may be made at any time before the garnishee is legally discharged. Smith v. Wellborn, 73 Ga. 131. If the garnishment is based upon a pending suit, it is the better practice for the trial to occur after judgment has been rendered in the main case. The reason for this is that it might save a waste of time in the event the plaintiff should fail to recover against the defendant; but there is no requirement, statutory or otherwise, that the trial of the issue…
2Cases cited4 opinions
- Dent v. DentSupreme Court of Georgia · 1903
- Merchants' etc. Bank v. HaimanSupreme Court of Georgia · 1888
- Smith v. WellbornSupreme Court of Georgia · 1884
- Americus Grocery Co. v. LinkSupreme Court of Georgia · 1902
3Cited by3 opinions
- Roberts v. Citizens Bank & Trust Co.Court of Appeals of Georgia · 1925
- Hartsfield Co. v. RayCourt of Appeals of Georgia · 1935
- Smith v. Georgia Granite Corp.Supreme Court of Georgia · 1938