128 Ga. 147 | Ga. | 1907
(After stating the facts.)
We do not intend to intimate in the slightest way that in our opinion the Court of Appeals has erred in its conclusion as to the necessity of a decision of the constitutional question. We have simply declined to examine the record as to this matter. The constitution declares that “the decisions of the Supreme Court shall bind the Court of Appeals as precedents •” but this means that the Court of Appeals, in determining a' ease within its jurisdiction, must respect the prior adjudications of this court. There is nothing in this provision which, under any view, • authorizes the Supreme Court to review any ruling of the Court of Appeals in any case, whether it reaches this court in the form of a certified question or otherwise. The judgments of that court are binding upon the parties in the eases therein, even though the decision, in a given case, may conflict with the decisions of the Supreme Court.
The question now arises, is it within the power of the General Assembly to change the rule laid down by this court? The General Assembly, of course, has no power to declare that land and tangible personal property situated beyond the limits of this State shall be dealt with by the courts of this State as if it were located here, for the reason that some person interested therein, or having the possession thereof, or under some obligation in connection herewith, happens to be within the limits of this State.
While the former decisions of this court are supported by the decisions of other courts of high and respectable standing, the rule laid down by the act in question is on'e that is also supported by
In Harris v. Balk,' 198 H. S. 222, Mr. Justice Peckham says: “Attachment is the creature of the local law, that is, unless there is a law of the State providing for and permitting the attachment, it can not be levied there. If there be a law of the State providing for the attachment of the debt, then, if the garnishee be found in that State, and process be served personally upon him therein, we think the court thereby acquires jurisdiction over him, and can garnish the debt due from him to the debtor of the plaintiff and condemn it, provided the garnishee could himself be sued by his creditor in that Stated’ In that case Harris was a resident of North Carolina, and was indebted.to Balk, who was also a resident of North Carolina. Epstein, a resident of Maryland, sued out an attachment- in Maryland against Balk, and caused summons of garnishment to be served upon Harris, who was temporarily in Maryland. Judgment was rendered on the garnishment against
The conclusion we arrive at is that if the garnishee has a residence in this State, or is temporarily here, and can be served with process, a judgment rendered on the attachment and garnishment is a valid judgment, which binds the plaintiff in attachment and the garnishee. Under the authorities above referred to, it would seem that the question as to whether such judgment may bo pleaded in bar by the garnishee, in a subsequent suit by his creditor against him, might depend upon the question whether there