Darnall v. Wood & Brother
Supreme Court of Georgia
Garnishment. Attorneys’ fees. Traverse. Words and phrases. Before Judge Harden. City court of Savannah. November term, 1887. Darnall & Susong sued J. Ben. Wilson, and had sum-mops of garnishment issued and served on J. S. Wood & Bro., who answered, denying any indebtedness, or that they had any property or effects in their hands. In their answer they prayed the court to award them the sum of $10 for costs expended in making the return.
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Garnishment. Attorneys’ fees. Traverse. Words and phrases. Before Judge Harden. City court of Savannah. November term, 1887. Darnall & Susong sued J. Ben. Wilson, and had sum-mops of garnishment issued and served on J. S. Wood & Bro., who answered, denying any indebtedness, or that they had any property or effects in their hands. In their answer they prayed the court to award them the sum of $10 for costs expended in making the return. The answer was traversed by plaintiff, and at the May term, 1887, of the court to which the garnishment was returnable, tbe issue made by the answer and…
1Opinion of the Court
Bleckley, Chief Justice.
The single question is, whether there is any authority of law for taxing the plaintiff in garnishment with the fee paid by the garnishee to his counsel for services rendered in resisting a traverse to the answer, the answer having been found true by the verdict of a jury? “In all cases where process of garnishment shall be served upon any person, and such person shall . . . answer truly that he owes the defendant nothing, if the garnishee shall have to incur any expense in making his or her answer to the garnishment, . . . the amount so incurred shall be taxed in the…
2Cases cited1 opinion
- Curry v. National BankSupreme Court of Georgia · 1874
3Cited by2 opinions
- Estridge v. JankoCourt of Appeals of Georgia · 1957
- Paton & Co. v. Chambliss & Co.Supreme Court of Georgia · 1902