Plant & Son v. Mutual Life Insurance
Supreme Court of Georgia
Garnishment. Before Judge Van Epps. City court of Atlanta. March term, 1893. Plant & Son, judgment creditors of Hanson, sued out process of garnishment which was served on the Mutual Life Insurance Company of New York, and was returnable to the December term, 1892, of the city court of Atlanta.
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Garnishment. Before Judge Van Epps. City court of Atlanta. March term, 1893. Plant & Son, judgment creditors of Hanson, sued out process of garnishment which was served on the Mutual Life Insurance Company of New York, and was returnable to the December term, 1892, of the city court of Atlanta. Answer alleging no indebtedness was sworn to by the company’s agent on November 28, and was filed on November 30, 1892. On April 14, 1893, the case was called in its order on the docket, and the plaintiffs moved for a judgment in their favor, on the ground that no sufficient answer had been filed, the…
1Opinion of the Court
Simmons, Justice.
1. The facts appear in the reporter’s statement. The garnishee’s answer ought to have been made at, and not before, the return term. (Code, §3536; Act of Feb. 24, 1872.) The act of 1872, here referred to, expressly repealed the provision which allowed the answer to be made before the term. This court has held, however, that an answer prematurely filed will not on that account be treated as insufficient, unless it be excepted to; and when excepted to, it is amendable. Burrus & Williams v. Moore, 63 Ga. 409, (2). It was complained that the amendment came too late, and that no…
2Cases cited5 opinions
- Martin v. Lamb & Co.Supreme Court of Georgia · 1887
- Bearden v. Metropolitan Street RailroadSupreme Court of Georgia · 1889
- Burrus & Williams v. MooreSupreme Court of Georgia · 1879
- Stancel v. PuryearSupreme Court of Georgia · 1877
- Sprinz v. VannuckiSupreme Court of Georgia · 1888
3Cited by19 opinions
- Herring v. StateSupreme Court of Georgia · 1904
- Brooks v. FieldsSupreme Court of Oklahoma · 1910
- Heavey v. Security Management Co.Court of Appeals of Georgia · 1973
- Central of Georgia Railway Co. v. DickersonCourt of Appeals of Georgia · 1914
- Stevens v. WakefieldCourt of Appeals of Georgia · 1981
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