Leffler & Son v. Union Compress Co.
Supreme Court of Georgia
Motion in arrest of judgment. Before Judge Holden. Richmond superior court. March 1, 1904. At the January term, 1904, of the superior court of Richmond county the following judgment was rendered: “ A. Leffler & Son ' vs, Jones .Bros. Union Compress Co., garnishee. Richmond superior court, January term, 1904. Suit and attachment on note. Garnishment on attachment.
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Motion in arrest of judgment. Before Judge Holden. Richmond superior court. March 1, 1904. At the January term, 1904, of the superior court of Richmond county the following judgment was rendered: “ A. Leffler & Son ' vs, Jones .Bros. Union Compress Co., garnishee. Richmond superior court, January term, 1904. Suit and attachment on note. Garnishment on attachment. “The Union Compress Company having been duly served with garnishment summons in this case, and having failed to answer as required .by la,w and judgment in favor of A. Leffler & Son, a firm composed ,p,f. 4,. & A. M. Leffler,…
1Opinion of the CourtFish, P. J.
A motion in arrest of judgment must he predicated upon some defect, not amendable, which appears on the. face of the record or pleadings. Civil Code, §5362. This, of course, means such a defect which appears in the record or pleadings in the case wherein the judgment is rendered. In Holbrook v. Evansville R. Co., 114 Ga. 1, it was held: “A judgment, against a garnishee, duly entered, is as to him conclusive of the proposition that the plaintiff had already obtained a valid judgment against the main debtor whose effects were sought. *44to be reached by the garnishment proceeding.” In Warlick v.…
2Cases cited4 opinions
- Holbrook & Co. v. Evansville & Terre Haute RailroadSupreme Court of Georgia · 1901
- McAndrew v. Irish-American BankSupreme Court of Georgia · 1903
- Warlick v. Neal Loan & Banking Co.Supreme Court of Georgia · 1904
- Wingo, Ellett & Crump Shoe Co. v. JohnsonSupreme Court of Georgia · 1904
3Cited by8 opinions
- Union Compress Co. v. Leffler & SonSupreme Court of Georgia · 1905
- Penn & Watson v. McGheeCourt of Appeals of Georgia · 1909
- Vale Royal Manufacturing Co. v. BradleyCourt of Appeals of Georgia · 1911
- McDonald v. Kimball Co.Supreme Court of Georgia · 1915
- Smith v. StateCourt of Appeals of Georgia · 1916
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