Baker Mercantile Co. v. Hancock Bros.
Court of Appeals of Georgia
Certiorari; from Coffee superior court—Judge Summerall. March 2, 1917.
1Opinion of the CourtGeobge, J.
1. Where an attachment against a non-resident has been sued - out in a justice’s court and executed by service of garnishment only, and no notice has been served as provided in the Civil Code (1910), § 5103, and there has been no bond or appearance and defense, a general judgment against the defendant is void. Parks v. Williams, 137 Ga. 578 (73 S. E. 839), and cases there cited.
2. In such ease a valid judgment against the defendant in attachment is a necessary prerequisite to a final judgment against the garnishee. Fagan v. Jackson, 1 Ga. App. 24 (57 S. E. 1052); Americus Grocery Co. v. Link,…
2Cases cited10 opinions
- Albright-Pryor Co. v. Pacific Selling Co.Supreme Court of Georgia · 1906
- Fagan v. Jackson & OrmeCourt of Appeals of Georgia · 1907
- Henry v. Lennox-Haldeman Co.Supreme Court of Georgia · 1902
- Parker-Fain Grocery Co. v. OrrCourt of Appeals of Georgia · 1907
- Central of Ga. Rwy. Co. v. Brinson & IngramSupreme Court of Georgia · 1899
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Stouffer Corp. v. HenkelCourt of Appeals of Georgia · 1984
- Doyle v. United Finance Co.Court of Appeals of Georgia · 1958
- Hartsfield Co. v. RayCourt of Appeals of Georgia · 1935
- Smith v. Georgia Granite Corp.Supreme Court of Georgia · 1938
- Farrow v. WhitakerCourt of Appeals of Georgia · 1938
2 more not listed; retrieve them via the Exa API.