Georgia Reports Volume 92

Georgia Reports Volume 92

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894 edition. Excerpt: ...civil business would be disposed of. Walton v. Jones, 53 Ga. 91. The action of the court did not necessarily result in a continuance, as the court was one in which the judge could try issues of fact without a jury, unless a jury was demanded. April 24, la-393. Argued at the last term. Judgment aflirmed. Garnishment. Before Judge TURNBULL. City court of Floyd county. March term, 1892. Upon motion to set aside an order of court discharging McWilliams, garnishee, the judge revoked the order of discharge and allowed plaintiff to file a traverse to the garnishee's answer. To this the garnishee excepted. The plaintifi"s motion alleged, that the order discharging the garnishee was granted on March 26, 1892, with out notice to plaintiff or either of its attorneys, and without any knowledge whatever that any motion would be made to discharge the garnishee. Neither of plaintifi"s attorneys were present, nor were they in duty bound to be present, at the time the order was taken. The case was not then in order for trial, and was not called for trial. The garnishee was not required to answer at all until the first day of the March term, 1892, did not answer until March 15, 1892, and the case was not called at all by the court until April 30, 1892. Upon the calling of the case no one answered for the garmshee, and the court was about to mark the case in default, when the clerk stated that the garnishee answered and had been discharged. For the first time this fact was brought to the attention of plaintifi"s counsel, the statement of the clerk being found to be true. Petitioner has the whole of the term, as matter of law, to traverse the answer, and alleges that the garnishee is indebted to defendant in fa. (McGhees & Company) more

Product details

  • Paperback | 286 pages
  • 189 x 246 x 15mm | 513g
  • United States
  • English
  • black & white illustrations
  • 1236812808
  • 9781236812803