Banks v. Hunt
Supreme Court of Georgia
Garnishment. Practice in Superior Court. Debtor and Creditor.. Wages. Before Judge Willis. Muscogee. Superior Court. May'Term, 1883. Banks sued out an attachment against Hunt, November 18, 1881, which was executed by service of summons of garnishment on Tilman, the same day. The declaration in attachment was filed December 5, 1881, in the usual form, returnable to the May term, 1882, of Muscogee superior court.
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Garnishment. Practice in Superior Court. Debtor and Creditor.. Wages. Before Judge Willis. Muscogee. Superior Court. May'Term, 1883. Banks sued out an attachment against Hunt, November 18, 1881, which was executed by service of summons of garnishment on Tilman, the same day. The declaration in attachment was filed December 5, 1881, in the usual form, returnable to the May term, 1882, of Muscogee superior court. At that term Tilman filed his answer admitting indebtedness, but showing that it was for daily wages due defendant, and that besides this he was not indebted otherwise and had no other…
1Opinion of the Court
Hall, Justice.
The question made by this record is, whether the answer of a garnishee under an attachment can be traversed at a term of the court subsequent to that at which his answer was made, and before an order has been taken discharging him. The answer may be put in at the term of the court at which he is required to appear, but if he fails to appear at that term and make answer, the case stands continued until the next term, when, if he again fails to answer, the plaintiff may, on motion, have judgment against him for the amount of the judgment he may have obtained against the defendant…
2Cases cited3 opinions
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3Cited by14 opinions
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- Callaway v. MaxwellSupreme Court of Georgia · 1905
- Dickenson v. HawesCourt of Appeals of Georgia · 1924
- Scarborough v. Merchants & Farmers BankSupreme Court of Georgia · 1908
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