Ledbetter v. Goodroe

Supreme Court of Georgia

Ledbetter v. Goodroe

169 S.E. 106, 176 Ga. 845, 1933 Ga. LEXIS 302

CourtSupreme Court of Georgia

DecidedApril 12, 1933

DocketNo. 9403

StatusPublished

Cited by3 cases

This text of 169 S.E. 106 (Ledbetter v. Goodroe) 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

Ledbetter v. Goodroe, 169 S.E. 106, 176 Ga. 845, 1933 Ga. LEXIS 302 (Ga. 1933).

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Opinion

Gilbert, J.

This was a statutory garnishment proceeding. “While ancillary to the main action, a. garnishment proceeding is a distinct suit against a separate party, and for an entirely new cause of action. In the main case the question is whether the defendant is indebted to the plaintiff. In the garnishment suit the question is whether the garnishee is indebted to the defendant.” A garnishment proceeding requires a “separate and distinct” judgment. Dent v. Dent, 118 Ga. 853 (45 S. E. 680). The exception in this case is to an order requiring the garnishee to pay over the amount admitted to be due, to an assignee of the person to whom the garnishee admitted the indebtedness. No issue is raised in this proceeding which would authorize this court to exercise jurisdiction. Accordingly this case is transferred to the Court of Appeals. Civil Code (1910), § 6502. So ordered.

All the Justices concur.

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Gilbert, J.

This was a statutory garnishment proceeding. “While ancillary to the main action, a. garnishment proceeding is a distinct suit against a separate party, and for an entirely new cause of action. In the main case the question is whether the defendant is indebted to the plaintiff. In the garnishment suit the question is whether the garnishee is indebted to the defendant.” A garnishment proceeding requires a “separate and distinct” judgment. Dent v. Dent, 118 Ga. 853 (45 S. E. 680). The exception in this case is to an order requiring the garnishee to pay over the amount admitted to be due, to an assignee of the person to whom the garnishee admitted the indebtedness. No issue is raised in this proceeding which would authorize this court to exercise jurisdiction. Accordingly this case is transferred to the Court of Appeals. Civil Code (1910), § 6502. So ordered.

All the Justices concur.

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Bluebook (online)

169 S.E. 106, 176 Ga. 845, 1933 Ga. LEXIS 302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ledbetter-v-goodroe-ga-1933.

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