97 Ga. 746 | Ga. | 1896
Upon a pending suit process of garnishment was sued out on April 23, 1894, returnable to the May term of the superior court. That term began on May 21, and closed on May 26. The garnishee was served with summons on May 23. No answer was- filed. The plaintiff obtained judgment against its debtor at the October term of the superior court of the county where the main action was pending. On November 20, during the November term of the superior court of the county where the garnishment was served, judgment was rendered against the garnishee, it being recited therein that the garnishee had failed to answer. On the next day and during the November term, the garnishee moved to set aside this judgment, one of the grounds of the motion being that the garnishee had until the next term to answer. The motion was overruled, and the garnishee excepted.
Judgment reversed.