118 Ga. 634 | Ga. | 1903
C. D. Carr & Company sued out a garnishment in Richmond county, based upon a suit pending in Columbia county, in which they were plaintiffs and Smith defendant. Upon motion of the garnishee, the garnishment proceedings were dismissed by the superior court of Richmond county, upon the ground that it did not affirmatively appear from the original affidavit and bond that the officer who took the same had made out certified copies thereof, and that the officer who served the summons of garnishment had transmitted such certified copies, with his return thereon, to the court in Columbia county where the main case was pending. The case is here upon a bill of exceptions sued out by Carr & Co., assigning error upon this ruling.
We think the dismissal of the garnishment proceedings was erroneous. The Civil Code, §4716, provides that when a person sought to be garnished resides in a county other than that where suit is pending, or in which judgment has been obtained, the plaintiff, his agent, or attorney at law may make affidavit and give bond in the county where the person sought to be garnished resides, before any officer authorized to issue an attachment; and that it shall be the duty of the officer taking such affidavit and bond to make out a copy thereof and certify the same to be true, and to issue the summons of garnishment; and that it shall be the duty of the officer serving such summons to return or transmit the certified affidavit and bond, together with his actings and doings thereon, to the court in which the main case is pending, or in which judgment has been obtained, and to return the original affidavit and