Twilley & Hodges v. Middle Georgia Bank
Court of Appeals of Georgia
Affidavit of illegality; from Putnam superior court — Judge Park. July 23, 1921. Middle Georgia Bank interposed an affidavit of illegality to the levy of an execution issued on a default judgment which Twilley & Hodges obtained against it as garnishee.
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Affidavit of illegality; from Putnam superior court — Judge Park. July 23, 1921. Middle Georgia Bank interposed an affidavit of illegality to the levy of an execution issued on a default judgment which Twilley & Hodges obtained against it as garnishee. The sheriff’s entry of service, made on January 4, 1921, is as follows: “I have this day served summons of garnishment, based on the within affidavit and bond, on Middle Georgia Bank, service perfected by serving said summons on B. W. Ingram, the agent and person in charge of said bank.” All issues of fact raised by the traverse to the…
1Opinion of the Court
(Stephens, J.
1. A return of service by a sheriff upon a summons of garnishment directed to a banking corporation, in terms as follows: “ I have this day served summons of garnishment based on the within affidavit and bond on Middle Georgia Bank, service perfected by serving said summons on E. W. Ingram, the agent and person in charge of said bank,” shows, prima facie, good and valid service against the corporation. North Ga. Banking Co. v. Fancher, 23 Ga. App. 683 (99 S. E. 229).
2. The rule as to service of garnishment on corporations is not the same as to service of ordinary suits against…
2Cases cited10 opinions
- Denham v. JonesSupreme Court of Georgia · 1895
- Third National Bank v. McCullough Bros.Supreme Court of Georgia · 1899
- Southern Railway Co. v. HaganSupreme Court of Georgia · 1897
- Burnett & Goodman v. Central of Georgia Railway Co.Supreme Court of Georgia · 1903
- Hargis v. East Tenn., Va. & Ga. Railway Co.Supreme Court of Georgia · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Franklin Savings & Loan Co. v. BrananCourt of Appeals of Georgia · 1936
- Tifton Compress Co. v. RobinsonCourt of Appeals of Georgia · 1923
- K. & L. Construction Co. v. Central Bank & Trust Co.Court of Appeals of Georgia · 1979