Dugas v. Mathews
Supreme Court of Georgia
Garnishment, in ■ Habersham Superior Court. Tried before Judge James Jackson, October Term, 1850. This was a summons of garnishment, issued in the name of Lewis A. Dugas, as a creditor of the Habersham Iron Works & Manufacturing Company, on a judgment obtained against them by Lewis F. E. Dugas, and transferred to and controlled by the plaintiff. The summons was served on John R. Mathews and James R. Wyly, who answered, denying any indebtedness to the company.
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Garnishment, in ■ Habersham Superior Court. Tried before Judge James Jackson, October Term, 1850. This was a summons of garnishment, issued in the name of Lewis A. Dugas, as a creditor of the Habersham Iron Works & Manufacturing Company, on a judgment obtained against them by Lewis F. E. Dugas, and transferred to and controlled by the plaintiff. The summons was served on John R. Mathews and James R. Wyly, who answered, denying any indebtedness to the company. This answer was traversed, issue joined and a trial had. On the appeal, plaintiff offered in evidence the judgment obtained against the…
1Opinion of the Court
By the Court.
Niseet, J.
delivering the opinion.
[1.] The exception taken upon the trial, to the admissibility of the evidence going to show the plaintiff’s control of the judgment and execution, was not, in our judgment, too late. The argument against the exception being within time is, that the garnishees having answered, arid joined issue upon the truth of that answer, have admitted the plaintiff’s right to summons them that is, they have admitted that he, in this case, is the owner of the judgment upon which the summons issrtes. Farther, it is said that the evidence is irrelevant to the…
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- Stanford v. ConnerySupreme Court of Georgia · 1890
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