Sapp v. McArdle
Supreme Court of Georgia
Garnishment on Administrators. Before Judge Johnson. Muscogee Superior Court. May Term, 1870. Sapp sued out attachment against one Clark, and had a garnishment served 'upon McArdle, as the administrator of one Brassill. AVhen Sapp had obtained judgment against Clark, he wished to proceed against said garnishee.
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Garnishment on Administrators. Before Judge Johnson. Muscogee Superior Court. May Term, 1870. Sapp sued out attachment against one Clark, and had a garnishment served 'upon McArdle, as the administrator of one Brassill. AVhen Sapp had obtained judgment against Clark, he wished to proceed against said garnishee. But the garnishee averred that said garnishment was served upon him in less than twelve months after the granting 'of his letters of administration, and moved to dismiss it. The fact not being denied, the Court dismissed the garnishment. That is assigned as error.
1Opinion of the CourtLochrane, C. J.
This case comes before the Court upon a question of law. Summons of garnishment having been served upon McArdle, who was an administrator, before the expiration of the twelve months from granting his letters of administration, the Court below discharged him from the process of garnishment and this is assigned as error. Under section 3498 of the Code of this State, it is provided, garnishment will issue *630for any debt or demand owing by said estate to any other person, if the creditor will swear, in addition to the oath required in ordinary cases, that his debtor resides without the State or is…
2Cited by6 opinions
- Almond v. MobleyCourt of Appeals of Georgia · 1929
- Fulton v. OkesSupreme Court of Minnesota · 1935
- Hartley v. HartleySupreme Court of Georgia · 1931
- Chapman v. Hamilton National BankCourt of Appeals of Georgia · 1935
- Wooten v. HartleySupreme Court of Georgia · 1938
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