Farmers & Traders' Bank v. University Publishing Co.
Court of Appeals of Georgia
Appeal; from Fulton superior court — Judge Pendleton. April 12,1910.
1Opinion of the CourtRussell, J.
1. A garnishee, who has been duly served must file his answer within the time required by the summons of garnishment. The answer of the garnishee in this ease, being filed after judgment upon the garnishment, came too late.
2. A garnishee can in any ease inquire into the validity of the judgment against the defendant. He must do this for his own protection; but the inquiry must be made before judgment against himself as garnishee. Where, upon appeal to the superior court, it appeared' that the answer of the garnishee in the justice’s court was not filed until after a, judgment had been…
2Cases cited9 opinions
- Clarke v. LarremoreSupreme Court of the United States · 1903
- McKenney v. CheneySupreme Court of Georgia · 1903
- National Surety Co. v. MedlockCourt of Appeals of Georgia · 1907
- Armour Packing Co. v. WynnSupreme Court of Georgia · 1904
- Holbrook & Co. v. Evansville & Terre Haute RailroadSupreme Court of Georgia · 1901
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- McDougald v. Chattanooga Medicine Co.Court of Appeals of Georgia · 1912
- Pope v. United States Fidelity & Guaranty Co.Court of Appeals of Georgia · 1942
- Donaldson v. Tripod Paint Co.Court of Appeals of Georgia · 1931
- Rowe v. Peoples Credit Clothing Co.Court of Appeals of Georgia · 1927
- Willett Lincoln-Mercury, Inc. v. LarsonCourt of Appeals of Georgia · 1981
3 more not listed; retrieve them via the Exa API.