Legal Opinion

Cutter & Co. v. Central Bank & Trust Corp.

Court of Appeals of Georgia

Decided December 10, 1919No. 10583Published

Garnishment; from Eult.on superior court—Judge Ellis. March 19, 1919. 1. J. H. Cutter, in business as J. H. Cutter & Company, sued out garnishment on January 30, 1917, based on a pending suit in which the Brown-Cramer Cotton Company was defendant.

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Garnishment; from Eult.on superior court—Judge Ellis. March 19, 1919. 1. J. H. Cutter, in business as J. H. Cutter & Company, sued out garnishment on January 30, 1917, based on a pending suit in which the Brown-Cramer Cotton Company was defendant. Summons of garnishment was issued and served on the Central Bank & Trust Corporation on March 10, 1917. An answer denying indebtedness was filed by the garnishee on May 16, 1917. On July 3, 1917, the plaintiff filed a traverse to the answer. The ease was tried on an agreed statement of facts and on evidence set out in the following opinion, and the…

1Opinion of the CourtLuke, J.

This case arises by reason of service of process of garnishment upon Central Bank and Trust Corporation by the plaintiff, and the statutory traverse to the garnishee’s answer denying indebtedness. The trial upon the traverse was had upon the following agreed statement of facts and evidence: “This is a traverse of the answer of the Central Bank and Trust Corporation to the second summons of garnishment served upon it in this cause, the answer having been filed on May 16, 1917. At the time of the service of the summons the Central Bank held warehouse receipts belonging to the Brown-Cramer…

2Cases cited7 opinions

  1. Walton v. HorkanSupreme Court of Georgia · 1901
  2. Hall v. PageSupreme Court of Georgia · 1848
  3. Southern Flour & Grain Co. v. Northern Pacific Railway Co.Supreme Court of Georgia · 1907
  4. Kyle & Co. v. MontgomerySupreme Court of Georgia · 1884
  5. Allen, McIntosh & Co. v. Farmers & Traders National BankSupreme Court of Georgia · 1907

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