Home/Court of Appeals of Georgia/Holloway v. GEORGE F. DOYAL INCORPORATED

Holloway v. GEORGE F. DOYAL INCORPORATED

72 S.E.2d 925, 87 Ga. App. 50, 1952 Ga. App. LEXIS 611
CourtCourt of Appeals of Georgia
DecidedOctober 17, 1952
Docket34253
StatusPublished
Cited by2 cases

This text of 72 S.E.2d 925 (Holloway v. GEORGE F. DOYAL INCORPORATED) 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
Holloway v. GEORGE F. DOYAL INCORPORATED, 72 S.E.2d 925, 87 Ga. App. 50, 1952 Ga. App. LEXIS 611 (Ga. Ct. App. 1952).

Opinion

Felton, J.

Code § 46-105 provides: “When such affidavit shall have been made and bond given, it shall be the duty of the officer before whom the same was made . . to issue a summons of garnishment directed to the person sought to be garnished, requiring him to appear at the next term of the court where such suit is pending or where such judgment was obtained” (emphasis supplied). Therefore, the Civil Court of Fulton County does not have jurisdiction to issue a summons of garnishment based on a judgment obtained in Fulton Superior Court and to enter a judgment thereon. Durden v. Belt, 61 Ga. 545 (1).

The court did not err in setting aside the judgment.

Judgment affirmed.

Sutton, G.J., and Worrill, J., concur.

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Related

Thacker Construction Co. v. Williams
269 S.E.2d 519 (Court of Appeals of Georgia, 1980)
Charles S. Martin Distributing Co. v. Southern Furnace Co.
76 S.E.2d 662 (Court of Appeals of Georgia, 1953)

Cite This Page — Counsel Stack

Bluebook (online)
72 S.E.2d 925, 87 Ga. App. 50, 1952 Ga. App. LEXIS 611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holloway-v-george-f-doyal-incorporated-gactapp-1952.