Smith v. Picket
Supreme Court of Georgia
Garnishment, on appeal, in Muscogee Superior Court. Decided by Judge Alexander, May Term, 1849. J ames R. Picket sued out an attachment against J olin Hard-wick, returnable to the Inferior Court of Muscogée County, and caused a summons of garnishment to be served upon Hampton S. Smith. *Smith made return, that before the serving of the summons of garnishment, John Hardwick had stored in the warehouse of H. S. Smith & Co. (of which firm he, Smith, was a partner,) five hales…
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Garnishment, on appeal, in Muscogee Superior Court. Decided by Judge Alexander, May Term, 1849. J ames R. Picket sued out an attachment against J olin Hard-wick, returnable to the Inferior Court of Muscogée County, and caused a summons of garnishment to be served upon Hampton S. Smith. *Smith made return, that before the serving of the summons of garnishment, John Hardwick had stored in the warehouse of H. S. Smith & Co. (of which firm he, Smith, was a partner,) five hales of cotton, and received from the firm a receipt for the same, which entitled the holder to receive the cotton; that this…
1Opinion of the Court
*105By the Court. —
Lumpkin, J.
delivering the opinion.
[1.] We think the Court was right in holding Smith liable upon the garnishment. This was a contract of bailment merely, evidenced by the receipt; and the baifor* having been garnisheed before the cotton was sold by the bailee^" he became responsible to the creditor of Hardwick upon the summons, and delivered over the property in his own wrong.
Let the judgment be affirmed.
2Cited by2 opinions
- Puckett v. ReedSupreme Court of Arkansas · 1876
- Hatten v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1924