14 Ga. App. 9 | Ga. Ct. App. | 1913
The Bank of Cobbtown sued W. B. Vaughan in the city court, and had summons of garnishment served upon J. N. Collins. The garnishee answered that he had $50 in his hands belonging to the defendant. Dassie Vaiighan traversed this answer and denied that this $50 belonged to W. B. Vaughan, and claimed it as her property. The claim and traverse came on for trial, 'and counsel for the plaintiff moved the court to dismiss the traverse, on the ground that no written notice of i.t had been given to the garnishee as required by law. The claimant replied by showing that at the March term, 1913, of the court, — the first term at which the garnishee could have answered, — the claimant traversed the answer, “and the written traverse was read to and shown to the party that made said answer, and to the counsel for the plaintiff, and that both of them read said traverse and fully understood the same, and that said ease was continued by consent of all parties at the March term, 1913.” The court granted the motion to dismiss the said traverse on the ground urged, and the claimant excepted.
