Mims v. West
Supreme Court of Georgia
Equity. Garnishment. By Judge Vason. Chambers. Lee county. November, 1867. • On the 24th of June, 1867, West brought complaint in Lee Superior Court, on an open account, against Wade H. Mims for $2,519 95, and sued out process of garnishment, which was served on Henry Green, James M. Sullivan et al. At the time of the service of such summons, all of the garnishees were indebted in some way to Mims.
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Equity. Garnishment. By Judge Vason. Chambers. Lee county. November, 1867. • On the 24th of June, 1867, West brought complaint in Lee Superior Court, on an open account, against Wade H. Mims for $2,519 95, and sued out process of garnishment, which was served on Henry Green, James M. Sullivan et al. At the time of the service of such summons, all of the garnishees were indebted in some way to Mims. After the service of the garnishments, Miins sold Sullivan’s note to Henry T. Mash. Sullivan conveyed his property to Gilbert, in trust, to pay his debts, and died without answering said…
1Opinion of the CourtWalker, J.
1. When a person is served with a summons of garnishment, he is required to answer wh&t he was indebted to the defendant at the.time of the service of said garnishment, Rev. Code, sec. 3226; and if unable to admit or deny his indebtedness, he should plainly and distinctly set forth the facts, so as to enable the court to give judgment thereon. Ib., sec. 3492. Judgment should not be entered up against the garnishee, unless it appear affirmatively, that, at the time of the garnishment, the defendant had a cause of action against him for the recovery of a legal debt, due or to become due by…
2Cases cited2 opinions
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