Citizens Bank v. Alexander-Smith Academy, Inc.

Mobley, Presiding Justice.

Appellee, Alexander-Smith Academy, Inc., brought a complaint in equity against appellant, Citizens Bank of Hapeville, and Homer A. Spruill, Marshal of the Civil Court of Fulton County, to set aside a judgment rendered against it in a garnishment proceeding. The trial court sustained appellee’s motion for summary judgment, quashed the “attempted service of summons of garnishment on plaintiff,” and declared the judgment entered null and void.

The appeal is from that judgment, and enumerated as error is the grant of the judgment.

The material facts are: Citizens obtained…