48 Ga. 351 | Ga. | 1873
Here then are authorities that a foreign corporation, whether or not it is doing business in this State, is liable to an attachment* — that one doing business here may be sued and served as a Georgia corporation. Why, then, is it not liable to the garnishment laws? A garnishment is a suit. Its creditor can bring his action for the debt, and there can be no reason, in principle, why one to whom that creditor is indebted may not, by garnishment of the corporation, subject its creditor’s claim to the payment of his debts. A Georgia corporation is not subject to garnishment in any county where suit could not be, brought for the debt it is charged to owe. So it is with the foreign corporation. It is not liable to garnishment except
2. In the case of Elder vs. Whitehead, 25 Georgia, 262, it was decided that an attorney at law is not authorized to make the affidavit in forma pauperis to entitle a party to an appeal without paying costs or giving security. The same reason that controls in cases of appeals applies to a certiorari — the law does not allow it.
Judgment reversed.