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

Court of Appeals of Georgia·Decided December 1, 1976·No. 52840·Published·Cited by 3 cases

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.

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

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