Legal Opinion
Donaldson v. Tripod Paint Co.
Court of Appeals of Georgia
Decided March 12, 1931No. 20830PublishedCited by 4 opinions
1Opinion of the CourtBell, J.
1. “The plaintiff shall not have judgment against the garnishee until he has obtained judgment against the defendant.” Civil Code (1910), § 5292. “A joint judgment against the defendant and garnishee is void as to the latter, and an affidavit of illegality to an execution on such judgment should be sustained.” Dent v. Dent, 118 Ga. 853 (3) (45 S. E. 680); Nashville, Chattanooga &c. Ry. v. Brown, 3 Ga. App. 561 (4) (60 S. E. 319).
2. The principles stated above are applicable to a garnishment founded upon an attachment issued pendente lite in accordance with section 5071 of the Civil Code of…
2Cases cited9 opinions
- Dent v. DentSupreme Court of Georgia · 1903
- Nashville, Chattanooga & Saint Louis Railway v. BrownCourt of Appeals of Georgia · 1908
- Ingram v. Jackson Mercantile Co.Court of Appeals of Georgia · 1907
- Jones v. MarilCourt of Appeals of Georgia · 1917
- Farmers & Traders' Bank v. University Publishing Co.Court of Appeals of Georgia · 1911
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Dollar v. Fred W. Amend Co.Supreme Court of Georgia · 1937
- Stoker v. StateCourt of Appeals of Georgia · 1980
- Donaldson v. Tripod Paint Co.Court of Appeals of Georgia · 1933
- Harbison v. Little & SonCourt of Appeals of Georgia · 1935