Weems v. Sterchi Bros. Stores, Inc.

Supreme Court of Georgia

Weems v. Sterchi Bros. Stores, Inc.

231 S.E.2d 48, 238 Ga. 77, 1976 Ga. LEXIS 1104

CourtSupreme Court of Georgia

DecidedDecember 1, 1976

Docket31666

StatusPublished

Cited by1 cases

This text of 231 S.E.2d 48 (Weems v. Sterchi Bros. Stores, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court 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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Weems v. Sterchi Bros. Stores, Inc., 231 S.E.2d 48, 238 Ga. 77, 1976 Ga. LEXIS 1104 (Ga. 1976).

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Opinion

Nichols, Chief Justice.

Sterchi filed an affidavit in garnishment after obtaining a judgment against Weems. Weems then filed a traverse to the affidavit in which she alleged that the post-judgment garnishment statute (Ga. L. 1976, p. 1608) was unconstitutional. The trial court overruled Weems’ attack on the statute and she appeals.

The appellant makes the same attacks here as were made in City Finance Co. v Winston, 238 Ga. 10 (1976). In that case it was held that that portion of Ga. L. 1976, p. 1608, contained in Code Ann. §§ 46-102 and 46-103, was unconstitutional.

This court has held the post-judgment garnishment statute unconstitutional; therefore, the judgment of the trial court must be reversed.

Judgment reversed.

All the Justices concur, except Ingram and Hall, JJ., who dissent.

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