Hearn v. Adamson
Supreme Court of Georgia
Garnishment. Before Judge Buchanan. Carroll Superior Court. October Term, 1879. Adamson was a judgment creditor of one Snow. On December 2nd, 1878, he sued out summons of garnishment, which was served on Hearn the same day. This summons called upon Hearn to answer at the December term of the justice court. At the bottom of the summons was a “ P. S.,” without date or signature, notifying the garnishee to answer in ten days. The December term was on December 14th.
Read the full summary
Garnishment. Before Judge Buchanan. Carroll Superior Court. October Term, 1879. Adamson was a judgment creditor of one Snow. On December 2nd, 1878, he sued out summons of garnishment, which was served on Hearn the same day. This summons called upon Hearn to answer at the December term of the justice court. At the bottom of the summons was a “ P. S.,” without date or signature, notifying the garnishee to answer in ten days. The December term was on December 14th. On that day Hearn answered “not indebted.” Plaintiff moved to take judgmenc against him by default, because he did not answer in ten…
1Opinion of the Court
Warner, Chief Justice.
■ This case came before the court below on a certiorari from a justice court, on the hearing of which the court sustained the certiorari, and the defendant therein excepted.
It appears from thejrecord that the defendant in the cer*609Uorari had been served with a summons of garnishment in a justice court, but did not answer the same until after the expiration of ten days from the date of the service upon him, the summons not specifically requiring him to answer within ten days, though there was a postscript to the summons that he must answer in ten days, which was without…
2Cited by6 opinions
- Jarrell v. GuannSupreme Court of Georgia · 1898
- Gilmore & Ruhl v. CohnSupreme Court of Iowa · 1897
- Gowen v. BellCourt of Appeals of Georgia · 1966
- Pedrick v. McCallSupreme Court of Georgia · 1888
- Hoffman International Corp. v. OverstreetCourt of Appeals of Georgia · 1964
1 more not listed; retrieve them via the Exa API.