Battles v. Battles

Court of Appeals of Georgia

Battles v. Battles

227 S.E.2d 524, 138 Ga. App. 841, 1976 Ga. App. LEXIS 2338

CourtCourt of Appeals of Georgia

DecidedJune 8, 1976

Docket51796

StatusPublished

Cited by5 cases

This text of 227 S.E.2d 524 (Battles v. Battles) is published on Counsel Stack Legal Research, covering Court of Appeals 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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Battles v. Battles, 227 S.E.2d 524, 138 Ga. App. 841, 1976 Ga. App. LEXIS 2338 (Ga. Ct. App. 1976).

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Opinion

Bell, Chief Judge.

This is a post-judgment garnishment case which was commenced prior to July 1, 1975, pursuant to our then existing garnishment statutes. The Supreme Court in Coursin v. Harper, 236 Ga. 729, held that the Georgia procedure for pre-judgment and post-judgment garnishment as it existed prior to July 1, 1975, failed to provide due process and was unconstitutional. Coursin *842 controls and the judgment of the trial court for the plaintiff must be reversed.

Argued February 2, 1976 Decided June 8, 1976. Page, Scrantom, Harris, McGlamry & Chapman, Joan Swift, for appellant. H. Palmer Carr, Jr., Assistant U. S. Attorney, Schumacher, Collins & Oates, Samuel W. Oates, Jr., Thomas O. L. Collins, for appellees.

Judgment reversed.

Clark and Stolz, JJ., concur.

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