Dotterer v. Bowe
Supreme Court of Georgia
Garnishment. Counties. Public policy. Debtor and creditor. Assignment. Before Judge Adams.. Chatham superior court. March term, 1889. The plaintiffs, judgment creditors’of Bowe et al., sued', out garnishments against Chatham county, which answered, admitting indebtedness to Bowe on his contract: for building a jail, subject to demurrer because it was: not subject to garnishment.
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Garnishment. Counties. Public policy. Debtor and creditor. Assignment. Before Judge Adams.. Chatham superior court. March term, 1889. The plaintiffs, judgment creditors’of Bowe et al., sued', out garnishments against Chatham county, which answered, admitting indebtedness to Bowe on his contract: for building a jail, subject to demurrer because it was: not subject to garnishment. On the hearing, the judge' sustained the demurrer and dismissed the garnishment,, holding that the county was not subject thereto, and citing 81 Ga. 796. The plaintiffs excepted.
1Opinion of the Court
Blandford, Justice.
The question in this ease is, whether a county is* liable to be garnished under the laws of this State for a debt which it owes to a person not an officer of the-county. Section 3536 of the code,- which prescribes* how the summons of garnishment shall be issued' and directed, says it shall be “directed to the person sought-to be garnished,” and no one else. There is no direct authority given in the code to authorize a county to be garnished. This court held in the case of The County of Monroe v. Flynt, 80 Ga. 490, that “the liability of" the county to be sued for damages is…
2Cases cited12 opinions
- Mayor of Baltimore v. Root ex rel. ArmstrongCourt of Appeals of Maryland · 1855
- Wallace v. LawyerIndiana Supreme Court · 1876
- County of Monroe v. FlyntSupreme Court of Georgia · 1888
- Randolph County v. RallsIllinois Supreme Court · 1856
- Chealy v. BrewerMassachusetts Supreme Judicial Court · 1811
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- City of Sherman v. ShobeTexas Supreme Court · 1900
- Riggin v. HillardSupreme Court of Arkansas · 1892
- Morgan v. RustSupreme Court of Georgia · 1897
- Western Union Telegraph Co. v. BrightSupreme Court of Virginia · 1894
- Reid v. McRaeSupreme Court of Georgia · 1940
5 more not listed; retrieve them via the Exa API.