Marsh v. Phillips, Jr. & Co.
Supreme Court of Georgia
Attachment. Garnishment. Service. Amendment. Judgments. Res Adjudicada. Before Judge Marshall J. Clarke. Fulton Superior Court. March Term, 1886. E. W. Marsh, Jr., petitioned for a certiorari, alleging, in brief, as follows: Kfi.fa. in favor of fm.
Read the full summary
Attachment. Garnishment. Service. Amendment. Judgments. Res Adjudicada. Before Judge Marshall J. Clarke. Fulton Superior Court. March Term, 1886. E. W. Marsh, Jr., petitioned for a certiorari, alleging, in brief, as follows: Kfi.fa. in favor of fm. R. Phillips, Jr.,& Co. against one Seldner as principal, and petitioner as garnishee, was levied on an iron safe, and petitioner filed an affidavit of illegality on the following grounds: (1.) Because theji.fa. is based on a proceeding in attachment served by process of garnishment, and the return shows that the service was not on petitioner, but…
1Opinion of the Court
Jackson, Chief Justice.
On the trial of a certiorari to the justice court from the superior court, wherein it appeared that a jury in the justice court had overruled an affidavit of illegality, the judge of the superior court did not sustain the' certiorari, but affirmed the action of the jury. The error assigned here is that judgment of the superior court.
1. Three grounds of error are set out in the petition for certiorari. The first is, that on answer and traverse, the garnishee, who is 'the plaintiff in error, was discharged; *439that there was no service, except by summons on him; that the…
2Cited by5 opinions
- Tanner v. StateSupreme Court of Georgia · 1926
- Western & Atlantic Railroad v. PittsSupreme Court of Georgia · 1887
- Seaboard Air-Line Railway v. DavisCourt of Appeals of Georgia · 1913
- Mulcay v. Augusta Fire Department Credit UnionSupreme Court of Georgia · 1965
- Peterson v. General Shoe Corp.Court of Appeals of Georgia · 1967