Kent v. Frost

124 S.E. 812, 32 Ga. App. 764, 1924 Ga. App. LEXIS 641

Opinion

Luke, J.

1. In a garnishment proceeding, where indebtedness is admitted to the defendant, a claimant cannot legally obtain judgment in his favor without traversing the answer of the garnishee. Booth v. Brooke, 6 Ga. App. 299 (64 S. E. 1103). The court properly directed a verdict for the plaintiff in fl. fa.

2. Neither upon the ground of newly discovered evidence nor for any reason assigned did the court err in overruling the motion for a new trial.

Judgment affirmed.

Broyles, O. J., and Bloodworth, J., concur. W. B. Kent, for plaintiffs in error. B. B. Jackson, contra.