Rutherford v. Fullerton
Supreme Court of Georgia
Garnishment. Estoppel. Before Judge Roney. Richmond superior court. October adjourned term, 1891. On certiorari, judgment was rendered in favor of Fullerton, and Rutherford excepted. The facts may be thus stated : Meredith was an employee of Fullerton, and had been so employed for eighteen or more years, except about six months in 1888. In April, 1889, Fullerton sent out Meredith to hunt work, and he called upon Rutherford with whom he contracted to do a job of roofing.
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Garnishment. Estoppel. Before Judge Roney. Richmond superior court. October adjourned term, 1891. On certiorari, judgment was rendered in favor of Fullerton, and Rutherford excepted. The facts may be thus stated : Meredith was an employee of Fullerton, and had been so employed for eighteen or more years, except about six months in 1888. In April, 1889, Fullerton sent out Meredith to hunt work, and he called upon Rutherford with whom he contracted to do a job of roofing. His testimony is, that nothing was then said about its being Fullerton’s job, that Rutherford did not ask him if it was…
1Opinion of the Court
*354 Judgment affirmed.
The judge held that Rutherford, having notice that the debt was due by him to Fullerton, could have set forth in his answer to the garnishment the facts as they existed and let the court determine to whom the money should go, and thus have relieved himself from liabilty, but he undertook to decide the question and decided it wrongly ; and that while Fullerton might have filed his claim to the money he was not compelled to do so, the claim laws being cumulative only, permissive and not mandatory. Rutherford contends by his exceptions as follows: His plea should have been…
2Cited by7 opinions
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- Tarver v. JonesCourt of Appeals of Georgia · 1925
- Bryant v. McCraryCourt of Appeals of Georgia · 1929
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