Watkins v. Jenks
Supreme Court of Georgia
Garnishment; from Macon county. Decision by Judge Powers, September, 1857. Ogden and Jenks, having obtainedjudgment and sued out a Jufa. against F. T. Snead, had summons of garnishment served on E. W. Allen, Esq., and Ansel L. Watkins. Summons of garnishment in other cases were sued out and served upon the same parties.
Read the full summary
Garnishment; from Macon county. Decision by Judge Powers, September, 1857. Ogden and Jenks, having obtainedjudgment and sued out a Jufa. against F. T. Snead, had summons of garnishment served on E. W. Allen, Esq., and Ansel L. Watkins. Summons of garnishment in other cases were sued out and served upon the same parties. Watkins appeared and answered that Snead was indebted to him $1,350, besides interest, for rent, and to secure said debt he sold, transferred and assigned to respondent a number of notes and accounts amounting to about $2,800, as per schedule annexed to said assignment. That…
1Opinion of the CourtLumpkin, J.
By the Court. delivering the opinion.
In Norton vs. Cobb & Crawford, (20 Ga. Rep. 44,) this Court held, that a transfer of a stock of goods, by a debtor, in .failing circumstances, to B., a creditor, with power to sell the same at public auction, and after applying the proceeds to the extinguishment of A’s debt, the balance to be turned over to C, to be used and appropriated to the satisfaction of his *434demand, and the residue to D, for a like purpose, was void; as falling within the prohibition of the statute of 1818, against partial assignments.
Our judgment is, that the transfer in this case…
2Cases cited1 opinion
- Norton v. Cobb & CrawfordSupreme Court of Georgia · 1856
3Cited by1 opinion
- Lamb & Mathis v. RadcliffSupreme Court of Georgia · 1859