McCallum & Brother v. Brandt
Supreme Court of Georgia
Garnishment. Bankrupt. Before Judge Gourd. City Court of Augusta. May Term, 1872. At the May term, 1872, of the City Court of Augusta, Neil McCallum & Brother obtained a judgment against Adolph Brandt, on an action of complaint, for $620 13, besides interest and costs. Herman Brandt was served with process of garnishment in said suit, returnable to the February term, 1872, but had failed to file an answer.
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Garnishment. Bankrupt. Before Judge Gourd. City Court of Augusta. May Term, 1872. At the May term, 1872, of the City Court of Augusta, Neil McCallum & Brother obtained a judgment against Adolph Brandt, on an action of complaint, for $620 13, besides interest and costs. Herman Brandt was served with process of garnishment in said suit, returnable to the February term, 1872, but had failed to file an answer. After the jury was discharged for the term, plaintiffs moved for a judgment against the garnishee. The latter then offered to file his answer denying any indebtedness to the defendant, and,…
1Opinion of the Court
*Trippe, Judge.
We do not think the Judge’ abused his discretion in permitting the garnishee to file his answer at the time he did. The main defendant had been adjudged a bankrupt. It is true the judgment had been set aside, but proceedings were still pending in bankruptcy, and this was the reason the garnishee gave why he had not filed his answer before the jury was discharged, not believing that judgment could be taken against the principal debtor. The Court below seemed to think the fact that the pendency of the involuntary proceedings in bankruptcy suspended the jurisdiction of the State…
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