8 Ga. App. 126 | Ga. Ct. App. | 1910
Emily S. Cleckley and- Susie H. Ransom each brought separate attachment suits against the Mutual Fidelity Company of Delaware, on the ground of non-residence, these attachments being levied by serving summons of garnishment on the same garnishee; and they were returned to the same term of court. The attachment of Emily S. Cleckley was ior $350, and was levied November 7, 1901. That of Susie TI. Ransom was for $375, and was levied December 4, 1901. Declarations in attachment were duly filed, and judgments thereon subsequently taken. The questions in the present case arise on the distribution of the fund which the garnishee had paid into the court. The case was heard on an agreed statement as to the facts, and the court awarded precedence to the attachment of Susie H. Ransom; and the correctness of this judgment is challenged by the writ of error sued out by Emily S. Cleckleio
It is admitted that the lien of the judgment dates from the levy of the attachment. Civil Code, §§ 4578, 4524, 4564. And it is also admitted that the attachment of Emily S. Cleckley was levied, by service of summons of garnishment, before that of Susie H.