Cartwright v. Alpha Transportation Service, Inc.

Court of Appeals of Georgia

Cartwright v. Alpha Transportation Service, Inc.

289 S.E.2d 827, 161 Ga. App. 274, 1982 Ga. App. LEXIS 1847

CourtCourt of Appeals of Georgia

DecidedFebruary 15, 1982

Docket61081

StatusPublished

This text of 289 S.E.2d 827 (Cartwright v. Alpha Transportation Service, Inc.) 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

Cartwright v. Alpha Transportation Service, Inc., 289 S.E.2d 827, 161 Ga. App. 274, 1982 Ga. App. LEXIS 1847 (Ga. Ct. App. 1982).

Pincite

Opinion

McMurray, Presiding Judge.

The Supreme Court in Alpha Transp. Service v. Cartwright, 248 Ga. 701 (285 SE2d 713) has reversed our decision in Cartwright v. Alpha Transp. Service, 159 Ga. App. 296 (283 SE2d 282). Accordingly, that judgment and the corresponding opinion are vacated and set aside. The Supreme Court therein held that under Code Ann. § 81A-104 (d) (Ga. L. 1966, pp. 609,610; 1967, pp. 226,227, 228, 249; 1968, p. 1036; 1968, pp. 1104, 1105; 1969, p. 487; 1972, pp. 689-692; 1980, pp. 1124, 1125) the methods of service provided therein may be used as alternative methods of service in “special statutory proceedings” and such service of process may be used in a garnishment proceeding.

In the case sub judice service of the affidavit and summons upon the garnishee’s husband (defendant in the garnishment proceeding) at their dwelling house and usual place of abode was held by the Supreme Court to be proper service upon the garnishee under Code Ann. § 81 A-104 (d), supra. It is now the judgment of this court that garnishee was properly served.

Judgment affirmed.

Quillian, C. J., and Pope, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

McMurray, Presiding Judge.

The Supreme Court in Alpha Transp. Service v. Cartwright, 248 Ga. 701 (285 SE2d 713) has reversed our decision in Cartwright v. Alpha Transp. Service, 159 Ga. App. 296 (283 SE2d 282). Accordingly, that judgment and the corresponding opinion are vacated and set aside. The Supreme Court therein held that under Code Ann. § 81A-104 (d) (Ga. L. 1966, pp. 609,610; 1967, pp. 226,227, 228, 249; 1968, p. 1036; 1968, pp. 1104, 1105; 1969, p. 487; 1972, pp. 689-692; 1980, pp. 1124, 1125) the methods of service provided therein may be used as alternative methods of service in “special statutory proceedings” and such service of process may be used in a garnishment proceeding.

In the case sub judice service of the affidavit and summons upon the garnishee’s husband (defendant in the garnishment proceeding) at their dwelling house and usual place of abode was held by the Supreme Court to be proper service upon the garnishee under Code Ann. § 81 A-104 (d), supra. It is now the judgment of this court that garnishee was properly served.

Judgment affirmed.

Quillian, C. J., and Pope, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

289 S.E.2d 827, 161 Ga. App. 274, 1982 Ga. App. LEXIS 1847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cartwright-v-alpha-transportation-service-inc-gactapp-1982.

Opinion

Related

Cite This Page — Counsel Stack