Mumford v. Mechanics Loan & Savings Co.

A garnishment proceeding is an altogether separate and distinct suit from the original action on which the garnishment is based' (Warlick v. Neal Loan & Banking Co., 120 Ga. 1070, 1071, 48 S. E. 402), and the recovery which may be had on the garnishment bond is such damages as the defendant in garnishment may be entitled to as having been sustained because of the suing out of the garnishment. It is not the policy of the law to give to the defendant a right of action on the bond for any damage which he may have suffered as a result of the previous ordinary suit upon which the garnishment was…