Legal Opinion
Citizens Bank & Trust Co. v. Pendergrass Banking Co.
Supreme Court of Georgia
Decided May 7, 1927No. 5674PublishedCited by 13 opinions
1Opinion of the CourtHires, J.
1. A judgment against a partner is not a lien upon his individual interest in the firm property, and such interest is not liable to levy and sale under execution upon such judgment, even after dissolution, but must be reached by process of garnishment. Willis v. Henderson, 43 Ga. 325; Anderson v. Cheney, 51 Ga. 372; Ferris v. Van Ingen, 110 Ga. 102 (4) (35 S. E. 347); Civil Code (1910), § 3190.
2‘. The waiver of all homestead and exemption rights in the note upon which the judgment in favor of Pendergrass Banking Company was based did not give to the bank a right and title to the homestead…
2Cases cited8 opinions
- Ferris v. Van Ingen & Co.Supreme Court of Georgia · 1899
- Fidelity & Deposit Co. v. Exchange BankSupreme Court of Georgia · 1897
- Armour Packing Co. v. WynnSupreme Court of Georgia · 1904
- Saul v. BowersSupreme Court of Georgia · 1923
- Morris Fertilizer Co. v. White, McCurdy & Co.Supreme Court of Georgia · 1924
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Macon National Bank v. SmithSupreme Court of Georgia · 1930
- Massachusetts Mutual Life Insurance v. HirschSupreme Court of Georgia · 1937
- Kronstadt v. Citizens & Southern Nat. BankCourt of Appeals for the Fifth Circuit · 1935
- Greenwood v. GreenwoodSupreme Court of Georgia · 1934
- Novak v. O'NealCourt of Appeals for the Fifth Circuit · 1953
8 more not listed; retrieve them via the Exa API.