Progressive Finance Co. v. Longleaf Lumber Co.

Russell, Judge.

A motion in arrest of judgment will lie for any defect not amendable appearing on the face of the record. Code § 110-702. A defect in the process of the court is good ground for such a motion if it is not a mere irregularity such as may be cured by the judgment. Hartridge v. McDaniel, 20 Ga. 398 (3). It appears from the record here that the motion in arrest of judgment is based in part at least upon the fact that the summons of garnishment, which is the only process in such a proceeding, called on the garnishee to answer at the January, 1963, term of court, although at the time…