Brannon v. Noble
Supreme Court of Georgia
Assumpsit, in Muscogee Superior Court. DccisHfcn by Judge Alexander, June Term, 1850. H. Noble, as tlie indorsee of T. A. Brannon, brought suit on a note made by A. F. Brannon, due 1st December, 1846, and payable to the order of T. A. Brannon. To this suit A. F. Brannon pleaded former recovery, on a process of garnishment issued by a creditor of T. A.Brannon, and served on A.F.
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Assumpsit, in Muscogee Superior Court. DccisHfcn by Judge Alexander, June Term, 1850. H. Noble, as tlie indorsee of T. A. Brannon, brought suit on a note made by A. F. Brannon, due 1st December, 1846, and payable to the order of T. A. Brannon. To this suit A. F. Brannon pleaded former recovery, on a process of garnishment issued by a creditor of T. A.Brannon, and served on A.F. Brannon, on the 5th January, 1847. Subsequent to the service of the summons, T. A. Brannon had the note in possession, as stated by A. F. Bran-non, in his return to the summons. To this plea, plaintiff below demurred,…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] The demurrer to the plea, in this case, was properly sustained. We do not doubt but that the plaintiff in the judgment on the garnishment is entitled to collect it out of A. F. Brannon. His claim upon the money due to his debtor, and established bythat judgment, is paramount to that of the plaintiff in this action. See Glanton vs. Griggs, 5 Geo. 11. 436. But that is not the question made in this record. The question is, whether the judgment on the garnishment can be pleaded in bar of the action by the holder of the note, due by the defendant,…
2Cited by3 opinions
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- Hartsfield Co. v. RayCourt of Appeals of Georgia · 1935
- Melven v. DarlingSuperior Court of New Hampshire · 1803