N. Owsley & Son v. Woolhopter
Supreme Court of Georgia
Garnishment, in Bibb Superior Court. Tried before Judge Powers, May Term 1858. The facts of this ease are as follows : Philip Woolhopter, Agent, had brought an action in Chat-ham Superior Court, against Mrs. Ruth E. Reid; and had caused Owsley & Son, of Bibb county, to be served with a summons of garnishment, to declare what they were indebted to Mrs. Reid, or what effects of her’s they had in possession, &c.
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Garnishment, in Bibb Superior Court. Tried before Judge Powers, May Term 1858. The facts of this ease are as follows : Philip Woolhopter, Agent, had brought an action in Chat-ham Superior Court, against Mrs. Ruth E. Reid; and had caused Owsley & Son, of Bibb county, to be served with a summons of garnishment, to declare what they were indebted to Mrs. Reid, or what effects of her’s they had in possession, &c. The garnishees objected to the affidavit, made to obtain the summons of garnishment; because it was made by Henry Harper, as agent of Woolhopter, who himself had sued as agent; and…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
This was a proceeding under the Garnishment Law of this State. On the trial, the attorney of the garnishee objected to the affidavit upon which the garnishment issued, upon two grounds: First, because it was made by the agent of an agent; and, Secondly, because it did not specify against whom process of garnishment was prayed.
[1.] The first objection does not exist in point of fact. It is true, that the action of assumpsit, in Chatham county, which is the foundation of the garnishment, is at the instance of Philip E. Woolhoptcr, Agent, against…
2Cited by15 opinions
- Mitchell v. Georgia & Alabama RailwaySupreme Court of Georgia · 1900
- Mendel v. Converse & Co.Court of Appeals of Georgia · 1923
- Brooke & Co. v. Cunningham Bros.Court of Appeals of Georgia · 1916
- Gainesville Feed & Poultry Co. v. WatersCourt of Appeals of Georgia · 1952
- Bayne v. Sun Finance CompanyCourt of Appeals of Georgia · 1966
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