Legal Opinion

Middleton v. Johnson

Court of Appeals of Georgia

Decided March 15, 1917No. 7759PublishedCited by 3 opinions

Affidavit of illegality; from city court of Baxley—Judge Sellers. November 27, 1916.

1Opinion of the CourtBloodwobth, J.

1. Before judgment can be rendered upon a bond dissolving a garnishment, two prior judgments are necessary, first a judgment in the main action, and then a judgment declaring the money or property subject. National Surety Co. v. Medlock, 2 Ga. App. 665 (58 S. E. 1131).

2. After the two judgments referred to in the preceding paragraph are obtained, the plaintiff may enter up judgment against the principal and the surety on the bond to dissolve the garnishment, as judgment may be entered against sureties on bail; and while the judgment may be against the principal and the surety jointly and…

2Cases cited5 opinions

  1. Waldrop v. WolffSupreme Court of Georgia · 1902
  2. National Surety Co. v. MedlockCourt of Appeals of Georgia · 1907
  3. Jackson v. Guilmartin & Co.Supreme Court of Georgia · 1878
  4. Craig v. Herring & TurnerSupreme Court of Georgia · 1888
  5. Maddox v. American Trust & Banking Co.Supreme Court of Georgia · 1900

3Cited by3 opinions

  1. Knight v. GaskinsCourt of Appeals of Georgia · 1919
  2. Haygood v. Clark Co.Court of Appeals of Georgia · 1923
  3. Simerly v. BrooksCourt of Appeals of Georgia · 1917

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