Durden v. Belt
Supreme Court of Georgia
Garnishment. Judgment. Justice of the Peace. Rule. Before Judge Tompkins. Emanuel Superior Court. April Term, 1878. On December 1st, 1877, Daniels made affidavit that Belt was indebted to him in the sum of $100.00 on a judgment rendered by the superior court of Burke county at the spring term, 1876, and that he apprehended the loss of said sum unless summons of garnishment issued. ' Lewis, J. P., issued summons of garnishment addressed to Davis, returnable at a justice court…
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Garnishment. Judgment. Justice of the Peace. Rule. Before Judge Tompkins. Emanuel Superior Court. April Term, 1878. On December 1st, 1877, Daniels made affidavit that Belt was indebted to him in the sum of $100.00 on a judgment rendered by the superior court of Burke county at the spring term, 1876, and that he apprehended the loss of said sum unless summons of garnishment issued. ' Lewis, J. P., issued summons of garnishment addressed to Davis, returnable at a justice court to be held in the 59th district, G.M., (Emanuel county). Davis answered that he was indebted to Belt $66.02, for which…
1Opinion of the Court
Bleckley, Justice.
Belt was debtor to Daniels, by judgment in a superior court, and creditor to Davis, by judgment in a justice court. Dan*548iels undertook to collect from Belt by means of a garnishment addressed to Davis. But instead of having Davis summoned to a superior court, the like court to that in which the judgment in favor of Daniels against Belt was rendered, he had him summoned to the justice court, the same in which the judgment in favor of Belt against Davis was rendered. Thus he planted his garnishment where it could not possibly take root, for a garnishment based on a judgment…
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