110 Ga. 656 | Ga. | 1900
Ahrens & Ott Manufacturing Company filed a petition in Floyd superior court against O’Neill Manufacturing Company, alleging that petitioner obtained a general judgment against one Patton at the July term, 1895, of Floyd superior court, and a fi. fa. issued thereon, upon which there is now an unpaid balance owing to plaintiff. Hpon this judgment it sued out and had served a summons of garnishment on December 4, 1896, returnable to the January term, 1897, calling upon garnishee to answer what it was indebted to, or what property and effects it had in its possession belonging to, the defendant Patton. It was further alleged that no answer had been filed in response to said summons, and that in respect to the process served December 4, 1896, the case now pending in court is even now and has been in default since the July term, 1897, of that court. Plaintiff moved that the court issue an order, and that the garnishee show cause on the 10th of April, 1899, during the call of
“ Ahrens & Ott Manufacturing Company v. William A. Patton, defendant, and O’Neill Manufacturing Company, as garnishee. Judgment and fi. fa. Garnishment, answer and issue. At January term, 1897, in Floyd Superior Court. Principal, $458.08; interest, $206.35; cost on fi. fa., $11.85. It appearing to the court, from an inspection of the record, that the plaintiff has obtained a judgment against defendant, that execution has issued thereon for the sums of money so recovered, that after allowing all payments there is now due upon said judgment the several sums of principal, interest, and cost above set out opposite the case stated; it further appearing that the above-named garnishee was, on December 4, 1896, at 9:50 o’clock*658 a. m., served by a constable with a summons of garnishment, returnable to the third Monday in January, 1897; that no answer has been made and filed thereto, either at the first term of this court next after, or at any subsequent term of this court; but that the garnishee in the above-entitled case is even now in default: On motion of counsel for plaintiff, the case is entered in default, and judgment upon said default is now rendered by the court in favor of the plaintiff and against the garnishee, the O’Neill Manufacturing Company, for the sum of four hundred and fifty-eight and 08-100 dollars principal debt; the sum of two hundred and six and 35-100 dollars interest to January 19, 1899; eleven and 35-100 dollars, the sum due for costs on said fi. fa., and the further sum of-dollars for costs in this behalf laid out and expended. April 12, 1899.
“ W. M. Henry, Judge Superior Court, Home Circuit. ”
Upon this judgment the garnishee assigns error in its bill of exceptions. The bill of exceptions also alleges error in sustaining the oral motion of counsel for plaintiff in fi. fa. to strike the answer and amended answer of the garnishee to the motion tó enter up judgment against it as a defaulting garnishee; and in holding that the garnishee was in default as to answer to said garnishment, as charged arid alleged in the motion to enter up judgment; and in entering up said judgment against the O’Neill Manufacturing Company as a defaulting garnishee.
Judgment affirmed.