Mark Ten Homes Corp. v. First National Bank

Deen, Judge.

Under former Code § 46-105, the garnishee was required to make answer at the next term of court which commenced 10 days or more from the time the summons issued, but the premature filing of an answer did not result in dismissal, and was amendable at any time prior to judgment. Plant & Son v. Mutual Life Ins. Co., 92 Ga. 636 (1) (19 SE 719); Payne v. Brown Construction Co., 44 Ga. App. 592 (3) (162 SE 410). As superseded by Ga. L. 1962, p. 717, the summons now requires that answer be made “not sooner than 30 days and not later than 45 days” from its service upon the garnishee. The…