Selman v. Milliken
Supreme Court of Georgia
Garnishment, in Walton Superior Court. Decision by Judge Hutchins, at February Term, 1859. William Milliken, plaintiff in fi. fa., sued out garnishment against George C. Selman, as administrator of Josiak S. Selman, deceased, requiring him to answer what money, effects, &c., he, as such administrator, had in hand belonging to James J. Selman, who was defendant in fi. fa., and heir-at-law of the administrator’s intestate.
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Garnishment, in Walton Superior Court. Decision by Judge Hutchins, at February Term, 1859. William Milliken, plaintiff in fi. fa., sued out garnishment against George C. Selman, as administrator of Josiak S. Selman, deceased, requiring him to answer what money, effects, &c., he, as such administrator, had in hand belonging to James J. Selman, who was defendant in fi. fa., and heir-at-law of the administrator’s intestate. The garnishment was sued out within twelve months after the appointment of the administrator. Upon this agreed state of facts, counsel for the garnishee moved to dismiss the…
1Opinion of the Court
By the Court.
Stephens, J.,
delivering the opinion.
This is a garnishment to reach the interest of an heir-at-law. • That interest is only a distributive share of what may remain after all debts are paid. By our law the administrator is allowed twelve months within which to ascertain the debts before paying them or paying any distributive share. He can not know what a distributive share will be until ho first knows the debts, and these he cannot ascertain in a manner to protect himself, without waiting for the expiration of the twelve months. This *367garnishment, therefore, requiring him, before…
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