High v. Padrosa
Supreme Court of Georgia
Attachment. Before Judge Parker. Glynn superior court. March 13, June 2, 1903. Upon an attachment sued out by Padrosa against High, a resident of Florida, a summons of garnishment issued and was served on Torras, who answered that he had in his hands a named sum, the property of the defendant, which sum he was indebted to the defendant; and that he was not otherwise indebted, etc.
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Attachment. Before Judge Parker. Glynn superior court. March 13, June 2, 1903. Upon an attachment sued out by Padrosa against High, a resident of Florida, a summons of garnishment issued and was served on Torras, who answered that he had in his hands a named sum, the property of the defendant, which sum he was indebted to the defendant; and that he was not otherwise indebted, etc. The defendant, protesting against the jurisdiction of the court, entered a special appearance and moved to dismiss the entire proceeding, on the ground that in law the situs of the debt from Torras to himself was at…
1Opinion of the CourtCobb, J.
1. In the case of Central Railway Company v. Brinson, 109 Ga. 354, which was followed in Johnson v. Southern Railway Company, 110 Ga. 303, each being a decision by six Justices, the rule that the residence of the creditor fixes the situs of the debt was recognized and applied in garnishment cases. *650This rule was also applied in the cases of Henry v. Lennox-Haldeman Company, 116 Ga. 9, and Beasley v. Lennox-Haldeman Company, Id. 13, each being a decision by only five Justices. Application is now made to review the two decisions first mentioned. Respectable authority may be found on either side…
2Cases cited7 opinions
- Kahn v. Southern Building & Loan Ass'nSupreme Court of Georgia · 1902
- Molyneux v. Seymour, Fanning & Co.Supreme Court of Georgia · 1860
- Henry v. Lennox-Haldeman Co.Supreme Court of Georgia · 1902
- Associated Press v. United PressSupreme Court of Georgia · 1898
- Central of Ga. Rwy. Co. v. Brinson & IngramSupreme Court of Georgia · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Bell v. New Orleans & Northeastern RailroadCourt of Appeals of Georgia · 1907
- Piggly-Wiggly Georgia Co. v. May Investing Corp.Supreme Court of Georgia · 1939
- Harvey v. ThompsonSupreme Court of Georgia · 1907
- Carter v. Smith & SonsCourt of Appeals of Georgia · 1909
- Harper v. Tennessee Chemical Co.Court of Appeals of Georgia · 1927
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