Hercules Powder Co. v. Rhoden
Court of Appeals of Georgia
1Opinion of the CourtBell, J.
1. “While ancillary to tlie main suit, a garnishment is a distinct cause of action between different parties, requiring a separate and independent judgment.” Dent v. Dent, 118 Ga. 853 (1) (45 S. E. 680). It is in effect a suit by the plaintiff against his debtor’s debtor.' Holmes v. Pope, 1 Ga. App. 338 (1) (58 S. E. 281); Singer Sewing Machine Co. v. Southern Grocery Co., 2 Ga. App. 545 (1) (59 S. E. 473). It could not embrace a third suit against the garnishee by a stranger who comes in and claims the fund.
2. Where a garnishee answers that he is indebted either to the defendant or to a…
2Cases cited7 opinions
- Singer Sewing Machine Co. v. Southern Grocery Co.Court of Appeals of Georgia · 1907
- Holmes v. Pope & FlemingCourt of Appeals of Georgia · 1907
- Dent v. DentSupreme Court of Georgia · 1903
- Hirsch & Co. v. Lumbermen's Supply & Equipment Co.Supreme Court of Georgia · 1908
- Hammett v. MorrisSupreme Court of Georgia · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Smith v. Georgia Granite Corp.Supreme Court of Georgia · 1938