Gresham v. DeLaunay

Supreme Court of Georgia

Gresham v. DeLaunay

34 Ga. 442

DecidedJune 15, 1866

StatusPublished

This text of 34 Ga. 442 (Gresham v. DeLaunay) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gresham v. DeLaunay, 34 Ga. 442 (Ga. 1866).

Pincite

Opinion

Harris, J.

Those clauses of the civil Code, sect. 287, which authorized the issuing of garnishments, etc., upon affidavit made before a justice of the Inferior Court, having been repealed by the Act of 17th March, 1866, it follows, as a matter of course, that the garnishment proceeding begun by affidavit made before a justice of. the Inferior Court, on the 24th day of March, 1866, ¿was without the authority of then existing law. All subsequent proceedings growing out of such affidavit are, therefore, irregular, and should be set aside.

Judgment reversed.

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Harris, J.

Those clauses of the civil Code, sect. 287, which authorized the issuing of garnishments, etc., upon affidavit made before a justice of the Inferior Court, having been repealed by the Act of 17th March, 1866, it follows, as a matter of course, that the garnishment proceeding begun by affidavit made before a justice of. the Inferior Court, on the 24th day of March, 1866, ¿was without the authority of then existing law. All subsequent proceedings growing out of such affidavit are, therefore, irregular, and should be set aside.

Judgment reversed.

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Bluebook (online)

34 Ga. 442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gresham-v-delaunay-ga-1866.