Legal Opinion

Hercules Powder Co. v. Rhoden

Court of Appeals of Georgia

Decided January 17, 1925No. 15868PublishedCited by 1 opinion

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

  1. Singer Sewing Machine Co. v. Southern Grocery Co.Court of Appeals of Georgia · 1907
  2. Holmes v. Pope & FlemingCourt of Appeals of Georgia · 1907
  3. Dent v. DentSupreme Court of Georgia · 1903
  4. Hirsch & Co. v. Lumbermen's Supply & Equipment Co.Supreme Court of Georgia · 1908
  5. Hammett v. MorrisSupreme Court of Georgia · 1876

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Smith v. Georgia Granite Corp.Supreme Court of Georgia · 1938

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