Marler Oil Company v. Citizens & Southern Bank of Milledgeville

Court of Appeals of Georgia

Marler Oil Company v. Citizens & Southern Bank of Milledgeville

265 S.E.2d 58, 153 Ga. App. 186, 1980 Ga. App. LEXIS 1737

Court of Appeals of Georgia·Decided January 7, 1980·No. 58831·Published·Cited by 4 cases

Opinion

*186 Smith, Judge.

After suffering a default judgment, appellant-garnishee moved for relief under Code § 64-509, within sixty days of receiving actual notice of the default judgment. However, appellant did not tender the accrued court costs until approximately eighty days subsequent to its receiving actual notice of the judgment. The trial court, therefore, correctly denied appellant’s motion. Code § 46-509; Boston Sea Party v. Bryant &c. Co., 146 Ga. App. 294 (3) (246 SE2d 350) (1978).

Judgment affirmed.

Quillian, P. J., and Birdsong, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

*186 Smith, Judge.

After suffering a default judgment, appellant-garnishee moved for relief under Code § 64-509, within sixty days of receiving actual notice of the default judgment. However, appellant did not tender the accrued court costs until approximately eighty days subsequent to its receiving actual notice of the judgment. The trial court, therefore, correctly denied appellant’s motion. Code § 46-509; Boston Sea Party v. Bryant &c. Co., 146 Ga. App. 294 (3) (246 SE2d 350) (1978).

Judgment affirmed.

Quillian, P. J., and Birdsong, J., concur.

Marler Oil Company v. Citizens & Southern Bank of Milledgeville, 265 S.E.2d 58, 153 Ga. App. 186, 1980 Ga. App. LEXIS 1737 (Ga. Ct. App. 1980).

Pincite

265 S.E.2d 58 (Marler Oil Company v. Citizens & Southern Bank of Milledgeville) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related