Hawkins v. Georgia National Bank

Supreme Court of Georgia

Hawkins v. Georgia National Bank

61 Ga. 106

DecidedAugust 15, 1878

StatusPublished

This text of 61 Ga. 106 (Hawkins v. Georgia National Bank) 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

Hawkins v. Georgia National Bank, 61 Ga. 106 (Ga. 1878).

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Opinion

Warner, Chief Justice.

The only question made in this case is whether a garnishee who has been summoned as such by virtue of a void process is liable for interest on the money in his hands, according to the provisions of the 3546th section of the Code. We think he is liable for interest, especially when it is not made to appear that he kept the money set apart to answer the summons of garnishment and did not use it in his own business. Geo. Ins. & Trust Co. vs. Oliver, 1 Kelly, 38.

Let the judgment of the court below be affirmed.

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Warner, Chief Justice.

The only question made in this case is whether a garnishee who has been summoned as such by virtue of a void process is liable for interest on the money in his hands, according to the provisions of the 3546th section of the Code. We think he is liable for interest, especially when it is not made to appear that he kept the money set apart to answer the summons of garnishment and did not use it in his own business. Geo. Ins. & Trust Co. vs. Oliver, 1 Kelly, 38.

Let the judgment of the court below be affirmed.

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Bluebook (online)

61 Ga. 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hawkins-v-georgia-national-bank-ga-1878.