Stauffer Chemical Co. v. Pop's Top Shop, Inc.

Court of Appeals of Georgia

Stauffer Chemical Co. v. Pop's Top Shop, Inc.

231 S.E.2d 546, 140 Ga. App. 620, 1976 Ga. App. LEXIS 1584

CourtCourt of Appeals of Georgia

DecidedDecember 1, 1976

Docket52840

StatusPublished

Cited by3 cases

This text of 231 S.E.2d 546 (Stauffer Chemical Co. v. Pop's Top Shop, 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.

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Stauffer Chemical Co. v. Pop's Top Shop, Inc., 231 S.E.2d 546, 140 Ga. App. 620, 1976 Ga. App. LEXIS 1584 (Ga. Ct. App. 1976).

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Opinion

Bell, Chief Judge.

This is a post-judgment garnishment proceeding to which the 1976 post-judgment garnishment statute applies. (Ga. L. 1976, pp. 1608-1629 (Code § 46-101 et seq.)). The Supreme Court in City Finance Co. v. Winston, 238 Ga. 10, held that the 1976 post-judgment garnishment statute was unconstitutional. We must therefore hold the garnishment proceeding on appeal void and of no effect. Rose, Silverman & Hunt v. Ben O’Callaghan Co., 134 Ga. App. 648, 649 (215 SE2d 515). The judgment for the defendant is affirmed.

Judgment affirmed.

Clark and Stolz, JJ., concur.

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Bell, Chief Judge.

This is a post-judgment garnishment proceeding to which the 1976 post-judgment garnishment statute applies. (Ga. L. 1976, pp. 1608-1629 (Code § 46-101 et seq.)). The Supreme Court in City Finance Co. v. Winston, 238 Ga. 10, held that the 1976 post-judgment garnishment statute was unconstitutional. We must therefore hold the garnishment proceeding on appeal void and of no effect. Rose, Silverman & Hunt v. Ben O’Callaghan Co., 134 Ga. App. 648, 649 (215 SE2d 515). The judgment for the defendant is affirmed.

Judgment affirmed.

Clark and Stolz, JJ., concur.

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231 S.E.2d 546, 140 Ga. App. 620, 1976 Ga. App. LEXIS 1584, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stauffer-chemical-co-v-pops-top-shop-inc-gactapp-1976.

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