Darby v. Thompson

Court of Appeals of Georgia

Darby v. Thompson

148 S.E. 920, 40 Ga. App. 140, 1929 Ga. App. LEXIS 49

CourtCourt of Appeals of Georgia

DecidedJuly 9, 1929

Docket19754

StatusPublished

This text of 148 S.E. 920 (Darby v. Thompson) 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

Darby v. Thompson, 148 S.E. 920, 40 Ga. App. 140, 1929 Ga. App. LEXIS 49 (Ga. Ct. App. 1929).

Pincite

Opinion

Bkoyles, C. J.

1. It is well settled that a judgment against a garnishee, when duly entered, is as to him conclusive of the proposition that the plaintiff in the garnishment proceedings had already obtained a valid judgment against the main debtor whose effects were sought to be reached by the garnishment proceedings. Holbrook v. Evansville &c. R. Co., 114 Ga. 1 (39 S. E. 937) ; Warner v. Strickland, 144 Ga. 547 (87 S. E. 667).

2. Under the above-stated ruling the affidavit of illegality in the instant case was wholly devoid of merit and was properly dismissed on the oral motion of the plaintiff.

3. It appearing to this court that the writ of error in this case must have been prosecuted for the purpose of delay only, the request of the defendant in error, that ten per cent, damages be awarded him, is granted.

Judgment affirmed, with damages.

Luke and Bloodworth, JJ., concur.

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