Steiner, Smith Bros. & Knecht v. Central Railroad
Supreme Court of Georgia
Practice in the Supreme Court. Garnishments. Corporations. Service. Before Judge Chisholm. City Court of Savannah. November Term, 1877. Plaintiffs in judgment against Barbee had garnishment served on the Central railroad.
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Practice in the Supreme Court. Garnishments. Corporations. Service. Before Judge Chisholm. City Court of Savannah. November Term, 1877. Plaintiffs in judgment against Barbee had garnishment served on the Central railroad. The deputy sheriff made the following return : “ Sheriff’s Office, Savannah, May 16th, 1877. By virtue of within, I have this day, at half-past 12 o’clock p. m., served a summons of garnishment, directed to the Central Eailroad and Banking Company of Georgia, by serving the same upon T. M. Cunningham, cashier of the said corporation, and at twenty minutes past one o’clock p.…
1Opinion of the Court
Bleckley, Judge.
1. The cause is still pending in the superior court, and *554therefore, the exceptions entered pendente lite are not now in order for consideration. Code, §4250.
2. Garnishment upon a domestic corporation is to be served upon the president. 45 Ga., 486. The temporary absence of the president will not warrant service on a subordinate officer or agent. Wait till he returns, just as you would if a private individual were absent.
3. Failure of the corporation to answer will not entitle the plaintiff to take judgment, where the return of service shows the presidedt was not served, and…
2Cases cited2 opinions
- Clark v. ChapmanSupreme Court of Georgia · 1872
- Loyd v. WelchSupreme Court of Georgia · 1866
3Cited by5 opinions
- North Georgia Banking Co. v. FancherCourt of Appeals of Georgia · 1919
- Redwood Restaurant & Bars, Inc. v. SpruillCourt of Appeals of Georgia · 1963
- Twilley & Hodges v. Middle Georgia BankCourt of Appeals of Georgia · 1922
- Southern Express Co. v. SkipperSupreme Court of Georgia · 1890
- Clark v. Watkins Co.Court of Appeals of Georgia · 1930