Crowe v. Conley

Court of Appeals of Georgia

Crowe v. Conley

181 S.E.2d 903, 123 Ga. App. 618, 1971 Ga. App. LEXIS 1317

CourtCourt of Appeals of Georgia

DecidedApril 7, 1971

Docket45937

StatusPublished

Cited by1 cases

This text of 181 S.E.2d 903 (Crowe v. Conley) 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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Crowe v. Conley, 181 S.E.2d 903, 123 Ga. App. 618, 1971 Ga. App. LEXIS 1317 (Ga. Ct. App. 1971).

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Opinion

Hall, Presiding Judge.

Plaintiff in a garnishment action appeals from the denial of her motion to strike the garnishee’s answer which was filed 46 days after service of summons. The court certified the order for immediate review.

Plaintiff contends the sole issue is whether the answer was late and therefore subject to be stricken under Code Ann. §46-105 which requires the garnishee to appear "not sooner than 30 days and not later than 45 days of the service of such summons.” However, the record shows the answer was filed before plaintiff obtained a judgment against the debtor and before plaintiff’s motion for default judgment against the garnishee. The answer was timely filed. Columbus Plumbing &c. Supply Co. v. Home Fed. Savings &c. Assn., 104 Ga. App. 36 (121 SE2d 62); Owen v. Moseley, 161 Ga. 62 (129 SE 787).

Judgment affirmed.

Eberhardt and Whitman, JJ., concur.

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Hall, Presiding Judge.

Plaintiff in a garnishment action appeals from the denial of her motion to strike the garnishee’s answer which was filed 46 days after service of summons. The court certified the order for immediate review.

Plaintiff contends the sole issue is whether the answer was late and therefore subject to be stricken under Code Ann. §46-105 which requires the garnishee to appear "not sooner than 30 days and not later than 45 days of the service of such summons.” However, the record shows the answer was filed before plaintiff obtained a judgment against the debtor and before plaintiff’s motion for default judgment against the garnishee. The answer was timely filed. Columbus Plumbing &c. Supply Co. v. Home Fed. Savings &c. Assn., 104 Ga. App. 36 (121 SE2d 62); Owen v. Moseley, 161 Ga. 62 (129 SE 787).

Judgment affirmed.

Eberhardt and Whitman, JJ., concur.

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181 S.E.2d 903, 123 Ga. App. 618, 1971 Ga. App. LEXIS 1317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crowe-v-conley-gactapp-1971.

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