Wall v. Shippard
Supreme Court of Georgia
Garnishment, from Marion Superior Court. Decision by Judge Worrill, September Term, 1859. A summons of garnishment was served on John T. Chambliss, requiring him to answer at March Term, 1859. The garnishee having failed to answer at that Term, the case was continued.
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Garnishment, from Marion Superior Court. Decision by Judge Worrill, September Term, 1859. A summons of garnishment was served on John T. Chambliss, requiring him to answer at March Term, 1859. The garnishee having failed to answer at that Term, the case was continued. On the second day of the next Term of the Court, the case having been regularly called, and no answer having then been filed, it was moved to enter up judgment against the garnishee, Chambliss, for the full amount of principal, interest and costs due on the judgment held by the plaintiffs, The Court refused the motion and…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
We cannot doubt but that the Court was right in allowing the garnishee to be called for the purpose of answering the summons. And this case differs from the one cited by counsel as decided by this Court in this: That there the case was called in its order, and neither the principal nor the security appearing, judgment was entered up upon the bond against both, which the Court very properly refused to have vacated on account of the subsequent appearance of the parties.
But here no judgment had been entered. The garnishee answered when called, and…
2Cited by2 opinions
- Bearden v. Metropolitan Street RailroadSupreme Court of Georgia · 1889
- Owen v. MoseleySupreme Court of Georgia · 1925