33 Ga. App. 24 | Ga. Ct. App. | 1924
1. The courts of Georgia have no extraterritorial jurisdiction, and can not make a citizen of another State amenable to their process, or conclude him by a judgment in personam, without his consent; and where such a judgment was rendered in this State against a citizen of the State of Tennessee, upon whom no personal service of process was made within this State, and who did not appear, but who was served by a publication of summons, the judgment was void. Pennoyer v. Neff, 95 U. S. 714 (2) (24 L. ed. 565); Dearing v. Bank of Charleston, 5 Ga. 497 (5); Bank of Floral City v. Warnock, 144 Ga. 117 (2) (86 S. E. 249).
2. Garnishment proceedings are not valid unless the judgment upon which they are based is in personam, and not in rem. 20 Cyc. 980, and citations; Weston v. Beverly, 10 Ga. App. 261 (3) (73 S. E. 404).
3. Under the above-stated rulings and the facts of the instant ease, the judgment upon which the garnishment proceedings were based, and the garnishment proceedings, were invalid, and the judge (who, by consent of the parties, passed upon the issue without the intervention of a jury) did not err in overruling the traverse to the answer of the garnishee. This is true although the garnishee, the Southern Railway Company, when the summons of garnishment was served upon it in this State,
Judgment affirmed.
