Roney v. McCall
Supreme Court of Georgia
Petition for injunction. Before Judge Mitchell. Brooks superior court. July 21, 1906. This case results from the judgment which was under review in McCall v. Miller, 120 Ga. 262. Eeference may be had to the report of that case for a history of the transaction. The property admitted to be in the hands of the garnishee was claimed by Miller.
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Petition for injunction. Before Judge Mitchell. Brooks superior court. July 21, 1906. This case results from the judgment which was under review in McCall v. Miller, 120 Ga. 262. Eeference may be had to the report of that case for a history of the transaction. The property admitted to be in the hands of the garnishee was claimed by Miller. In order to obtain possession thereof, after filing his claim, Miller, as principal, executed a bond, with Eoney, the present plaintiff in error, as surety thereon. The caption of the bond was written with pen and ink, and contained, first, the word…
1Opinion of the CourtAtkinson, J.
(After stating the foregoing facts.)
1. As a general rule, no judgment can be rendered against a person, with*252out appropriate pleadings, and notice, and an opportunity to be heard. In Civil Code, §4720, provision is made for a claimant of funds in the hands of a garnishee to dissolve the garnishment by filing, in the court to which the garnishment is returnable, a “bond with good security in twice the amount of the sum claimed upon said suit, attachment, or judgment, to be approved by said clerk,” etc. It is provided in the Civil Code, §4723, that the “claimant of any fund or property, to whom…
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