Owen v. Moseley

Court of Appeals of Georgia

Owen v. Moseley

129 S.E. 921, 34 Ga. App. 464, 1925 Ga. App. LEXIS 320

Court of Appeals of Georgia·Decided October 17, 1925·No. 15042·Published·Cited by 2 cases

Opinion

Stephens, J.

Under the ruling of the Supreme Court in answer to a certified question propounded in this ease (161 Ga. , 129 S. E. 787), the superior court erred in striking the answer óf the garnishee, [465]*465which was filed on the first day of the third term of the court after it was returnable, before the case was called and before there was a motion by the plaintiff to enter judgment against the garnishee for the amount of a judgment rendered against the principal debtor at the second term.

Decided October 17, 1925. B. M. Smith, for plaintiff in error. _ Reagan & Reagan, contra.

Judgment reversed.

Jenkins, P. J., and Bell, J., concur. ■

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Stephens, J.

Under the ruling of the Supreme Court in answer to a certified question propounded in this ease (161 Ga. , 129 S. E. 787), the superior court erred in striking the answer óf the garnishee, [465]*465which was filed on the first day of the third term of the court after it was returnable, before the case was called and before there was a motion by the plaintiff to enter judgment against the garnishee for the amount of a judgment rendered against the principal debtor at the second term.

Decided October 17, 1925. B. M. Smith, for plaintiff in error. _ Reagan & Reagan, contra.

Judgment reversed.

Jenkins, P. J., and Bell, J., concur. ■

Owen v. Moseley, 129 S.E. 921, 34 Ga. App. 464, 1925 Ga. App. LEXIS 320 (Ga. Ct. App. 1925).

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Opinion

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