Harris v. Exchange Bank
Court of Appeals of Georgia
Motion to vacate judgment; from city court of Houston county —Judge Biley. May 28, 1914.
1Opinion of the CourtRussell, C. J.
1. “The averments of'facts in a garnishee’s answer must be taken as true unless traversed.” Darlington v. Belt, 12 Ga. App. 522 (77 S. E. 653). Where a garnishee, in his answer, neither admits nor denies indebtedness, but sets forth facts from which no other legal or plausible conclusion can be drawn than that he is indebted in a specified amount to the defendant in the main proceeding, it is not necessary for the plaintiff to traverse the answer, in order to subject to his claim the funds in the hands of the garnishee. To traverse is to deny, and one is not required to deny a statement in…
2Cases cited1 opinion
- Darlington v. BeltCourt of Appeals of Georgia · 1913
3Cited by7 opinions
- Bullock v. ButtsCourt of Appeals of Georgia · 1924
- Canton Fertilizer Co. v. HuntCourt of Appeals of Georgia · 1917
- Ben O'Callaghan Co. v. Rose, Silverman & HuntCourt of Appeals of Georgia · 1974
- Fulton National Bank v. YoungCourt of Appeals of Georgia · 1970
- Harris v. Exchange BankCourt of Appeals of Georgia · 1917
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