Mayer & Lowenstein v. Chattahoochee National Bank
Supreme Court of Georgia
Garnishment. Amendment. Eeturn. Before Judge Johnson. Muscogee Superior Court. May Term, 1872. Mayer & Loivenstein commenced suit against a firm doing business under the name of McKee Brothers, and sued out process of garnishment for the purpose of having the same served on the Chattahoochee National Bank. When the cause Avas called Messrs.
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Garnishment. Amendment. Eeturn. Before Judge Johnson. Muscogee Superior Court. May Term, 1872. Mayer & Loivenstein commenced suit against a firm doing business under the name of McKee Brothers, and sued out process of garnishment for the purpose of having the same served on the Chattahoochee National Bank. When the cause Avas called Messrs. Moses, Ingram & CraAvford, Avithout appealing for the bank, moved that the suit against the garnishee abate on the ground that the bank had not been served, and exhibited to the Court tivo returns of the sheriff' made at different times, each stating that…
1Opinion of the Court
Montgomery, Judge.
We think this ease controlled by sections 3456 and 3447 of the Code, and, as we understand those sections, they compel us to reverse the judgment of the Court below. Our judgment is fully set forth in the head note.
Judgment reversed.
2Cited by5 opinions
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- Flournoy & Epping v. RutledgeSupreme Court of Georgia · 1884
- Smith v. HartrampfCourt of Appeals of Georgia · 1962
- Smith, Thorndike & Brown Co. v. Mutual Fire InsuranceWisconsin Supreme Court · 1901