Home/Court of Appeals of Georgia/Madsen v. Memorial Sales of Georgia, Inc.

Madsen v. Memorial Sales of Georgia, Inc.

230 S.E.2d 115, 140 Ga. App. 178, 1976 Ga. App. LEXIS 1389
CourtCourt of Appeals of Georgia
DecidedOctober 25, 1976
Docket52606
StatusPublished

This text of 230 S.E.2d 115 (Madsen v. Memorial Sales of Georgia, Inc.) 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
Madsen v. Memorial Sales of Georgia, Inc., 230 S.E.2d 115, 140 Ga. App. 178, 1976 Ga. App. LEXIS 1389 (Ga. Ct. App. 1976).

Opinion

Bell, Chief Judge.

This is a post-judgment garnishment proceeding which was instituted prior to July 1, 1975. The Supreme Court in Coursin v. Harper, 236 Ga. 729 (225 SE2d 428) held that Georgia’s garnishment statutes in existence prior to July 1,1975 were unconstitutional in pre as well as post-judgment garnishment cases. We must therefore hold the instant garnishment proceeding void and of no effect. Rose, Silverman & Hunt v. Ben O’Callaghan Co., 134 Ga. App. 648 (215 SE2d 515). The judgment for the garnishee is affirmed.

Judgment affirmed.

Clark and Stolz, JJ., concur.

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Related

Coursin v. Harper
225 S.E.2d 428 (Supreme Court of Georgia, 1976)
Rose, Silverman & Hunt v. BEN O'CALLAGHAN COMPANY
215 S.E.2d 515 (Court of Appeals of Georgia, 1975)

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Bluebook (online)
230 S.E.2d 115, 140 Ga. App. 178, 1976 Ga. App. LEXIS 1389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/madsen-v-memorial-sales-of-georgia-inc-gactapp-1976.