Jones v. Elkin Drug Co.

Court of Appeals of Georgia

Jones v. Elkin Drug Co.

148 S.E. 541, 39 Ga. App. 824, 1929 Ga. App. LEXIS 574

CourtCourt of Appeals of Georgia

DecidedJune 11, 1929

Docket19700

StatusPublished

This text of 148 S.E. 541 (Jones v. Elkin Drug Co.) 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

Jones v. Elkin Drug Co., 148 S.E. 541, 39 Ga. App. 824, 1929 Ga. App. LEXIS 574 (Ga. Ct. App. 1929).

Pincite

Opinion

Bboyles, C. J.

1. “Even where a garnishee is in default, and a judgment is rendered against it, upon motion during the same term, setting forth good and sufficient reasons for not answering in due time, and denying indebtedness to defendant, the court is not without discretionary power to set aside the judgment and relieve the garnishee from having an injustice done to it.” Dannenberg Co. v, Adler-May Co., 137 Ga. 111, 113 (72 S. E. 906), and cit.

[825]*825Decided June 11, 1929. H. A. Allen, J. S. Hall, for plaintiff. B. II. Burgess, for defendant.

2. Under tlie above-stated ruling and the facts of the instant case this court can not hold, as a matter of law, that the trial court was “without discretionary power” to set aside the judgment against the garnishee. Judgment affirmed.

Lulce and Bloodworth, JJ., ooncur.

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