Cox v. Vulcan Basement Waterproofing Co.

Court of Appeals of Georgia

Cox v. Vulcan Basement Waterproofing Co.

230 S.E.2d 86, 140 Ga. App. 30, 1976 Ga. App. LEXIS 1338

CourtCourt of Appeals of Georgia

DecidedOctober 19, 1976

Docket52784

StatusPublished

Cited by1 cases

This text of 230 S.E.2d 86 (Cox v. Vulcan Basement Waterproofing Co.) 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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Cox v. Vulcan Basement Waterproofing Co., 230 S.E.2d 86, 140 Ga. App. 30, 1976 Ga. App. LEXIS 1338 (Ga. Ct. App. 1976).

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Opinion

Webb, Judge.

This post-judgment garnishment case is controlled by Coursin v. Harper, 236 Ga. 729 (225 SE2d 428), as the affidavit upon which the summons of garnishment was issued was given prior to July 1, 1975. Battles v. Battles, 138 Ga. App. 841 (227 SE2d 524). This proceeding must therefore be declared "void and of no effect” (Rose, Silverman & Hunt v. Ben O’Callaghan Co., 134 Ga. App. 648 (215 SE2d 515), where we decided the issue sua sponte), and the judgment dismissing the proceeding is affirmed. "It is fundamental that a judgment of a trial court which is right will be affirmed on appeal even though the trial judge in rendering his judgment may have assigned a wrong reason therefor.” Sims T. V., Inc. v. Fireman’s Fund Ins. Co., 108 Ga. App. 41, 43 (131 SE2d 790).

Judgment affirmed.

Been, P. J., and Smith, J., concur.

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Webb, Judge.

This post-judgment garnishment case is controlled by Coursin v. Harper, 236 Ga. 729 (225 SE2d 428), as the affidavit upon which the summons of garnishment was issued was given prior to July 1, 1975. Battles v. Battles, 138 Ga. App. 841 (227 SE2d 524). This proceeding must therefore be declared "void and of no effect” (Rose, Silverman & Hunt v. Ben O’Callaghan Co., 134 Ga. App. 648 (215 SE2d 515), where we decided the issue sua sponte), and the judgment dismissing the proceeding is affirmed. "It is fundamental that a judgment of a trial court which is right will be affirmed on appeal even though the trial judge in rendering his judgment may have assigned a wrong reason therefor.” Sims T. V., Inc. v. Fireman’s Fund Ins. Co., 108 Ga. App. 41, 43 (131 SE2d 790).

Judgment affirmed.

Been, P. J., and Smith, J., concur.

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230 S.E.2d 86, 140 Ga. App. 30, 1976 Ga. App. LEXIS 1338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cox-v-vulcan-basement-waterproofing-co-gactapp-1976.

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