Legal Opinion
Oxford v. Metter Lumber Co.
Court of Appeals of Georgia
Decided November 3, 1961No. 39118PublishedCited by 10 opinions
1Opinion of the Court
Hall, Judge.
The issue upon the traverse of the garnishee’s answer was whether there was any indebtedness of the garnishee to the defendant, and the burden was on the plaintiff to sustain the traverse by a preponderance of the evidence. Estridge v. Janko, 96 Ga. App. 246, 255 (99 SE2d 682).
The position of a garnishing plaintiff with respect to the garnishee is no' better than the position of the defendant; and if the defendant could not sue and obtain a judgment against the garnishee, then the garnishing plaintiff is not entitled to recover against the garnishee on a summons of garnishment.…
2Cases cited8 opinions
- Singer Sewing Machine Co. v. Southern Grocery Co.Court of Appeals of Georgia · 1907
- Gainesville Feed & Poultry Co. v. WatersCourt of Appeals of Georgia · 1952
- W. C. Caye & Co. v. Milledgeville Banking Co.Court of Appeals of Georgia · 1955
- Estridge v. JankoCourt of Appeals of Georgia · 1957
- Adair-Levert Inc. v. Atlanta Envelope Co.Court of Appeals of Georgia · 1944
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- First Bank of Whiting v. Samocki Bros. Trucking Co.Indiana Court of Appeals · 1987
- Gant, Inc. v. Citizens & Southern National BankCourt of Appeals of Georgia · 1979
- C. & S. NAT. BANK v. Avco Fin. Serv., Inc.Court of Appeals of Georgia · 1973
- Florida First National Bank v. First National BankCourt of Appeals of Georgia · 1980
- Carrier411 Services, Inc. v. Insight Technology, Inc.Court of Appeals of Georgia · 2013
5 more not listed; retrieve them via the Exa API.