Legal Opinion

Water Processing Co. v. Southern Golf Builders, Inc.

Supreme Court of Georgia

Decided December 2, 1981No. 37701PublishedCited by 8 opinions

1Opinion of the Court

Jordan, Chief Justice.

The Court of Appeals held that a check which evidenced a debt was not subject to garnishment since a garnishment action would not lie against the drawer who was a trustee in bankruptcy. Water Processing Co. v. Toporek, 158 Ga. App. 502 (280 SE2d 901) (1981). We granted certiorari and reverse.

Water Processing Company held a money judgment against Southern Golf Builders, Inc. and served a garnishment action on the garnishee Toporek, an attorney who had represented Southern Golf Builders as a claimant in a bankruptcy action. The trustee in bankruptcy mailed a check for…

2Cases cited5 opinions

  1. Kilgore v. BuiceSupreme Court of Georgia · 1972
  2. Water Processing Co. v. ToporekCourt of Appeals of Georgia · 1981
  3. Skalecki v. FrederickWisconsin Supreme Court · 1966
  4. Great Western Finance Co. v. Hamilton National BankSupreme Court of Colorado · 1924
  5. Tucker v. ButtsSupreme Court of Georgia · 1849

3Cited by8 opinions

  1. Ellenberg v. DeKalb County (In Re Maytag Sales & Service, Inc.)United States Bankruptcy Court, N.D. Georgia · 1982
  2. Prodigy Centers/Atlanta v. T-C AssociatesSupreme Court of Georgia · 1998
  3. Paulsen Street Investors v. EBCO General AgenciesCourt of Appeals of Georgia · 1997
  4. Tidwell v. Slocumb (In Re Georgia Steel, Inc.)United States Bankruptcy Court, M.D. Georgia · 1987
  5. Carrier411 Services, Inc. v. Insight Technology, Inc.Court of Appeals of Georgia · 2013

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