Wilson v. Wilson

Court of Appeals of Georgia

Wilson v. Wilson

202 S.E.2d 681, 130 Ga. App. 175, 1973 Ga. App. LEXIS 1263

CourtCourt of Appeals of Georgia

DecidedOctober 19, 1973

Docket48685

StatusPublished

Cited by2 cases

This text of 202 S.E.2d 681 (Wilson v. Wilson) 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

Wilson v. Wilson, 202 S.E.2d 681, 130 Ga. App. 175, 1973 Ga. App. LEXIS 1263 (Ga. Ct. App. 1973).

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Opinion

Eberhardt, Presiding Judge.

A garnishment proceeding was instituted in Fulton Superior Court by Mrs. Betty G. Wilson against N. W. Wilson on the basis of a judgment procured in Clayton Superior Court, and summons of garnishment was served on Mr. Wilson’s employer, Motor Convoy, Inc., which in due course answered, admitting an indebtedness in a stated amount. Mr. Wilson filed a motion to require that the garnishment bond be strengthened which, after hearing, was denied, and he appeals. No certificate from the trial judge for the review of the order is in the record. Held:

The order is not a final judgment from which an appeal will lie under Code Ann. § 6-701 (a)(1),and a review of the order can be had only under a certificate of the trial judge as is provided in Code Ann. § 6-701 (a) (2). Since there is no such certificate the appeal must be dismissed.

Appeal dismissed.

Pannell and Stolz, JJ., concur. *176 Oze R. Horton, for appellant. Scott Walters, Jr., for appellee.

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Eberhardt, Presiding Judge.

A garnishment proceeding was instituted in Fulton Superior Court by Mrs. Betty G. Wilson against N. W. Wilson on the basis of a judgment procured in Clayton Superior Court, and summons of garnishment was served on Mr. Wilson’s employer, Motor Convoy, Inc., which in due course answered, admitting an indebtedness in a stated amount. Mr. Wilson filed a motion to require that the garnishment bond be strengthened which, after hearing, was denied, and he appeals. No certificate from the trial judge for the review of the order is in the record. Held:

The order is not a final judgment from which an appeal will lie under Code Ann. § 6-701 (a)(1),and a review of the order can be had only under a certificate of the trial judge as is provided in Code Ann. § 6-701 (a) (2). Since there is no such certificate the appeal must be dismissed.

Appeal dismissed.

Pannell and Stolz, JJ., concur. *176 Oze R. Horton, for appellant. Scott Walters, Jr., for appellee.

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Bluebook (online)

202 S.E.2d 681, 130 Ga. App. 175, 1973 Ga. App. LEXIS 1263, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-wilson-gactapp-1973.

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