Carpenter v. Bryson

Court of Appeals of Georgia

Carpenter v. Bryson

134 S.E. 180, 35 Ga. App. 622, 1926 Ga. App. LEXIS 1036

CourtCourt of Appeals of Georgia

DecidedJuly 20, 1926

Docket17041

StatusPublished

This text of 134 S.E. 180 (Carpenter v. Bryson) 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.

Bluebook

Carpenter v. Bryson, 134 S.E. 180, 35 Ga. App. 622, 1926 Ga. App. LEXIS 1036 (Ga. Ct. App. 1926).

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Opinion

Bell, J.

By the provisions of the act of December 18, 1901, amending section 4719 of the Code of 1895, where a garnishment has been dissolved by the defendant in the main case, if the garnishee fails or refuses to answer1, judgment by default may be rendered against him for such amount as may have been obtained by judgment against the defendant; and upon such judgment against the garnishee being entered, judgment may be had for the amount thereof against the defendant and the sureties on the bond to dissolve the garnishment. Georgia Laws 1901, p. 43; Civil Code (1910), § 5281. The decision in Garden v. Crutchfield, 112 Ga. 274 (37 S. E. 368), cited by the plaintiff in error, was rendered in 1900, and so much of it as might otherwise have been applicable in the present case has been superseded by the act of 1901. No error in the court’s judgment.

Judgment affirmed.

Jenkins, P. J., and Stephens, J., concur.

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Bell, J.

By the provisions of the act of December 18, 1901, amending section 4719 of the Code of 1895, where a garnishment has been dissolved by the defendant in the main case, if the garnishee fails or refuses to answer1, judgment by default may be rendered against him for such amount as may have been obtained by judgment against the defendant; and upon such judgment against the garnishee being entered, judgment may be had for the amount thereof against the defendant and the sureties on the bond to dissolve the garnishment. Georgia Laws 1901, p. 43; Civil Code (1910), § 5281. The decision in Garden v. Crutchfield, 112 Ga. 274 (37 S. E. 368), cited by the plaintiff in error, was rendered in 1900, and so much of it as might otherwise have been applicable in the present case has been superseded by the act of 1901. No error in the court’s judgment.

Judgment affirmed.

Jenkins, P. J., and Stephens, J., concur.

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134 S.E. 180, 35 Ga. App. 622, 1926 Ga. App. LEXIS 1036, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carpenter-v-bryson-gactapp-1926.

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