ALPHA TRANSPORTATION SERVICE, INC. v. Cartwright

Supreme Court of Georgia

ALPHA TRANSPORTATION SERVICE, INC. v. Cartwright

285 S.E.2d 713, 248 Ga. 701, 1982 Ga. LEXIS 668

CourtSupreme Court of Georgia

DecidedJanuary 6, 1982

Docket37860

StatusPublished

Cited by6 cases

This text of 285 S.E.2d 713 (ALPHA TRANSPORTATION SERVICE, INC. v. Cartwright) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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ALPHA TRANSPORTATION SERVICE, INC. v. Cartwright, 285 S.E.2d 713, 248 Ga. 701, 1982 Ga. LEXIS 668 (Ga. 1982).

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Opinion

Gregory, Justice.

This is a certiorari. The facts are set out in Cartwright v. Alpha Transp. Service, 159 Ga. App. 296 (283 SE2d 282) (1981). The Court of Appeals held that the provisions of Code Ann. § 81A-104 (d) relating to personal service of process are unavailable in a garnishment case. We reverse.

“The methods of service provided in this section [81A-104] may be used as alternative methods of service in proceedings in the court of ordinary and in any other special statutory proceedings...” Code Ann. § 81A-104 (j). (Emphasis supplied.) Code Ann. § 46-103, relating *702 to the method for service of process on a garnishee, does not expressly state that the personal service provisions of Code Ann. § 81 A-104 (d) are unavailable. Code Ann. § 81A-104 (j) provides that “service shall be sufficient when made in accordance with the statutes relating particularly to the proceeding or in accordance with this section [81A-104].” (Emphasis supplied.) See also Code Ann. § 81A-104 (i). These code sections are not in conflict and Code Ann. § 81A-181, which provides for exceptions to the applicability of the Civil Practice Act, is inoperable. See Dept. of Transp. v. Ridley, 244 Ga. 49 (257 SE2d 511) (1979); Navaho Corp. v. Stuckey, 141 Ga. App. 271 (233 SE2d 217) (1977).

Decided January 6, 1982. Richard A. Katz, for appellant. Glenn Howell, for appellee.

Judgment reversed.

All the Justices concur.

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Gregory, Justice.

This is a certiorari. The facts are set out in Cartwright v. Alpha Transp. Service, 159 Ga. App. 296 (283 SE2d 282) (1981). The Court of Appeals held that the provisions of Code Ann. § 81A-104 (d) relating to personal service of process are unavailable in a garnishment case. We reverse.

“The methods of service provided in this section [81A-104] may be used as alternative methods of service in proceedings in the court of ordinary and in any other special statutory proceedings...” Code Ann. § 81A-104 (j). (Emphasis supplied.) Code Ann. § 46-103, relating *702 to the method for service of process on a garnishee, does not expressly state that the personal service provisions of Code Ann. § 81 A-104 (d) are unavailable. Code Ann. § 81A-104 (j) provides that “service shall be sufficient when made in accordance with the statutes relating particularly to the proceeding or in accordance with this section [81A-104].” (Emphasis supplied.) See also Code Ann. § 81A-104 (i). These code sections are not in conflict and Code Ann. § 81A-181, which provides for exceptions to the applicability of the Civil Practice Act, is inoperable. See Dept. of Transp. v. Ridley, 244 Ga. 49 (257 SE2d 511) (1979); Navaho Corp. v. Stuckey, 141 Ga. App. 271 (233 SE2d 217) (1977).

Decided January 6, 1982. Richard A. Katz, for appellant. Glenn Howell, for appellee.

Judgment reversed.

All the Justices concur.

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285 S.E.2d 713, 248 Ga. 701, 1982 Ga. LEXIS 668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alpha-transportation-service-inc-v-cartwright-ga-1982.

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