Legal Opinion
General Finance Corp. v. Kelsey
Court of Appeals of Georgia
Decided May 3, 1962No. 39465PublishedCited by 2 opinions
1Opinion of the Court
Felton, Chief Judge.
The writ of error in this case is not premature for the reason that if either judgment rendered in favor of the garnishee had been rendered as contended by the plaintiff in error there would have been a final determination of the case. Patterson Produce &c. Co. v. Wilkes, 1 Ga. App. 430 (57 SE 1047); Louis K. Liggett Co. v. Foster, 36 Ga. App. 185 (136 SE 93).
The court erred in overruling the general demurrer to the motion to vacate the judgment against the garnishee. As we understand the law, the rule as to opening up default judgments does not apply to a garnishment…
2Cases cited10 opinions
- Phillips v. TaberSupreme Court of Georgia · 1889
- American Mutual Liability Insurance v. SatterfieldCourt of Appeals of Georgia · 1953
- Bearden v. Metropolitan Street RailroadSupreme Court of Georgia · 1889
- Owen v. MoseleySupreme Court of Georgia · 1925
- Peacock v. WalkerSupreme Court of Georgia · 1957
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Godby v. HeinCourt of Appeals of Georgia · 1963
- Marbut Co. v. Capital City BankCourt of Appeals of Georgia · 1979