5 Ga. App. 514 | Ga. Ct. App. | 1909
The Central of Georgia Railway Company traversed the answer of the magistrate to a writ of certiorari which had been sued out by Wright. The judge of the superior court struck the traverse as being immaterial, sustained the certiorari, and ordered a new trial. The plaintiff in error excepts to this judgment. One William M. Wright filed a suit upon a note against Hyatt & Houser in a justice’s court, and caused summons of garnishment to be served upon the Central of Georgia Railway Company. Upon the trial before the justice judgment was rendered
Upon motion of counsel for the defendant in error the court .struck the traverse, holding that the facts which it proposed to •establish, as having been shown in the trial in the justice’s court, were immaterial. In this we think the court ruled correctly. While it is true that there must be a valid judgment against the prin
After judgment was- rendered against the garnishee, to which no exception was taken, he was estopped from setting up that the judgment against Hyatt was void, either because Wright was not. the proper plaintiff or because the court was without jurisdiction to> render it. The garnishee had his day in court, and even the fact-that he may nqt then have been able to secure the evidence from which it now appears that -the original judgment was void, the quality of the prior judgment being purely evidentiary, will not afford him any relief. Equity might joerhaps set aside the judgment if the evidence of the non-service of the defendant Hyatt was concealed, by the constable’s return of service, in case the constable and the surety on his bond are insolvent; or, if the garnishee is compelled, to pay the sum of money from which Hyatt himself may be re