Stovall & Brother v. Joiner
Court of Appeals of Georgia
Garnishment; from city court of Nashville — Judge Cranford. The plaintiff in fi. fa., through his attorney, made affidavit and bond for garnishment, in ordinary form, and the process of garnishment issued thereon was served on the administrator of the deceased ancestor of the defendant in fi. fa.
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Garnishment; from city court of Nashville — Judge Cranford. The plaintiff in fi. fa., through his attorney, made affidavit and bond for garnishment, in ordinary form, and the process of garnishment issued thereon was served on the administrator of the deceased ancestor of the defendant in fi. fa. The administrator, at the first term thereafter, answered that -the defendant was entitled to a share in the estate, the exact amount of which could not at that time be given, but would be set up thereafter. At a later term of the court the administrator moved to dismiss the garnishment proceedings,…
1Opinion of the CourtRussell, J.
It is provided by the Civil Code (1910), § 5706, that “all affidavits that are the foundation of legal proceedings . shall be amendable to the same extent as ordinary declarations, and with only the restrictions, limitations, and consequences now obtaining in the case of ordinary declarations and pleas.” This provision of the law changed the rule as it previously existed, into harmony with the statement of Chief Justice Bleckley that in this State the doctrine of amendment is as broad as the plan of universal salvation. Ellison v. Georgia Railroad Co., 87 Ga. 691 (13 S. E. 809). The statute,…
2Cases cited7 opinions
- Ellison v. Georgia RailroadSupreme Court of Georgia · 1891
- Penn & Watson v. McGheeCourt of Appeals of Georgia · 1909
- Collins v. TaylorSupreme Court of Georgia · 1907
- Levin v. American Furniture Co.Supreme Court of Georgia · 1909
- Johnson v. JohnsonSupreme Court of Georgia · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Gammage v. PerryCourt of Appeals of Georgia · 1923
- Harmon v. WigginsCourt of Appeals of Georgia · 1934
- Undercofler v. BrosnanCourt of Appeals of Georgia · 1966
- Sloan v. SmithCourt of Appeals of Georgia · 1923
- Smith v. Queen Insurance Co. of AmericaCourt of Appeals of Georgia · 1930
5 more not listed; retrieve them via the Exa API.