Clark v. Chapman
Supreme Court of Georgia
Garnishment. Service on Railroad Companies. Venue. Time of answer. Before Judge Gibson. Richmond Superior Court. June Term, 1871. Francis D. Clark brought complaint against George D. Chapman, and served a summons of garnishment addressed to the Central Railroad and Banking Company, upon Joseph B. Preston, agent of said company at Augusta, at the place of transacting the business of the corporation.
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Garnishment. Service on Railroad Companies. Venue. Time of answer. Before Judge Gibson. Richmond Superior Court. June Term, 1871. Francis D. Clark brought complaint against George D. Chapman, and served a summons of garnishment addressed to the Central Railroad and Banking Company, upon Joseph B. Preston, agent of said company at Augusta, at the place of transacting the business of the corporation. After judgment had been obtained against the defendant, and after the juries had been discharged, plaintiff moved to eater up judgment against the garnishee. The Court asked if any person…
1Opinion of the Court
McCay, Judge.
1. The Code provides that garnishments shall be served personally: Code, sections 3226, 3481; and this for a very good reason. It is of great importance to the garnishee that he shall know he is not authorized to settle with the defendant. This he cannot know certainly and speedily by a summons which is not personal. This same reason applies to a corporation. Service on any agent may fairly be allowed of ordinary process. It is fair to presume that the agent will very soon notify'the chief officer or president. But a garnishment operates immediately. Any payment after service is…
2Cited by9 opinions
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- Western Railroad v. Thornton & AceeSupreme Court of Georgia · 1878
- Robinson v. Bryson & SonsCourt of Appeals of Georgia · 1932
- Atlanta Journal v. Brunswick Publishing Co.Supreme Court of Georgia · 1900
- Dittenhœfer v. Cœur d'Alene Clothing Co.Washington Supreme Court · 1892
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