King v. Carhart, Bros. & Co.
Supreme Court of Georgia
Garnishment, in Bibb Superior Court. Decided by Judge Powers, May Term, 1855. •Carhart, Bros. & Co. commenced an action of complaint -against James S. Graybill, and issued a summons of garnishment against William H. King.
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Garnishment, in Bibb Superior Court. Decided by Judge Powers, May Term, 1855. •Carhart, Bros. & Co. commenced an action of complaint -against James S. Graybill, and issued a summons of garnishment against William H. King. King filed his answer to the .garnishment, in which he stated, that on the first day of March, 1855, he gave Graybill two negotiable promissory notes, one for $1250, due Dec. 25th, 1856; the other for $1161 39. due at six months after date; both of which notes were made payable to Graybill or .bearer; that the $1250 note was made to take up a note due by Graybill .to to…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
These two cases of King vs. Carhart, Brothers & Co. and Ells vs. Carhart, Brothers & Co. were argued, together and were considered together.
The reasons urged against the validity of the judgments rendered in the cases, respectively, by, the Court below, were the same in both cases. These reasons were-—
1. That a debt secured by a negotiable paper, is not the subject of garnishment.
2. That if such a debt is the subject of garnishment at it is not the subject of garnishment, after the. note by which it is secured has been negotiated; and • that, in…
2Cited by7 opinions
- Patterson & Co. v. PetersonCourt of Appeals of Georgia · 1915
- Massachusetts Bonding & Insurance v. United States Conservation Co.Court of Appeals of Georgia · 1924
- Atlanta Journal v. Brunswick Publishing Co.Supreme Court of Georgia · 1900
- Gibson, Son & Co. v. HawkinsSupreme Court of Georgia · 1882
- Wilkinson v. Jeffers & CothransSupreme Court of Georgia · 1860
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