Thompson v. Reynolds Auto Co.

Court of Appeals of Georgia

Thompson v. Reynolds Auto Co.

121 S.E. 528, 31 Ga. App. 574, 1924 Ga. App. LEXIS 65

CourtCourt of Appeals of Georgia

DecidedFebruary 8, 1924

Docket14502

StatusPublished

Cited by2 cases

This text of 121 S.E. 528 (Thompson v. Reynolds Auto Co.) 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

Thompson v. Reynolds Auto Co., 121 S.E. 528, 31 Ga. App. 574, 1924 Ga. App. LEXIS 65 (Ga. Ct. App. 1924).

Pincite

Opinion

Stephens, J.

1. The defendant, having dissolved the garnishment and thereby become a party to the garnishment proceedings, could thereafter, upon the trial of the issue formed in such proceedings and before judgment, except to the affidavit and bond for garnishment. Leake v. Tyner, 112 Ga. 919 (38 S. E. 343).

2. The affidavit, as the basis for the issuance of the summons of garnishment, having been subscribed to before a commercial notary public, who under the law was not authorized to take such affidavits (Civil Code of 1910, § 622), was defective, and the garnishment proceedings were thereby rendered void ab initio; and the court erred in not dismissing the samó upon motion or demurrer duly made by the defendant.

Judgment reversed.

Jenkins, P. J., a/nd Bell, J., concur.

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