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Battles v. Battles
138 Ga. App. 841
Ga. Ct. App.
1976
Check Treatment
138 Ga. App. 841 (1976)
227 S.E.2d 524

BATTLES
v.
BATTLES et al.

51796.

Court of Appeals of Georgia.

Argued February 2, 1976.
Decided June 8, 1976.

Page, Scrantom, Harris, McGlamry & Chapman, Joan Swift, for appellant.

H. Palmer Carr, Jr., Assistant U. S. Attorney, Schumacher, Collins & Oates, Samuel W. Oates, Jr., Thomas O. L. Collins, for appellee.

BELL, Chief Judge.

This is a post-judgment garnishment case which was commenced prior to July 1, 1975, pursuant to our then existing garnishment statutes. The Supreme Court in Coursin v. Harper, 236 Ga. 729, held that the Georgia procedure for pre-judgment and post-judgment garnishment as it existed prior to July 1, 1975, failed to provide due process and was unconstitutional. Coursin *842 controls and the judgment of the trial court for the plaintiff must be reversed.

Judgment reversed. Clark and Stolz, JJ., concur.

Case Details

Case Name: Battles v. Battles
Court Name: Court of Appeals of Georgia
Date Published: Jun 8, 1976
Citation: 138 Ga. App. 841
Docket Number: 51796
Court Abbreviation: Ga. Ct. App.
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