120 Ga. 1070 | Ga. | 1904
On December 7, 1903, there came on to be tried in the city court of Atlanta a case in which C. D. Warlick and others were plaintiffs, and L. D. & A. C. Morris, a partnership, was the defendant. The trial resulted in a verdict in favor of the plaintiffs, and judgment was entered accordingly. There then came on to be heard another case, which was a garnishment proceeding against the Neal Loan and Banking Company, as garnishee, instituted by the plaintiffs in aid of the case first above referred to. The garnishment case was disposed of on the following day by the entering of a judgment against the garnishee, reciting the recovery by the plaintiffs in the other suit, and the
But counsel for the defendant in error contend, that, inasmuch as there was no pending suit at the time the garnishment proceedings were instituted, the entire garnishment proceedings were void, and that on a motion to set aside the judgment in the garnishment case resort may be had to the record in the main suit for the purpose of showing that the allegation in the affidavit for garnishment, that there was a pending suit, is untrue. It is further contended that the main action and the garnishment proceeding are so indissolubly united and associated that the pleadings in both cases really constitute one record. But the record in the main case is not a part of the record in the garnishment case, Holbrook v. Evansville R. Co., 114 Ga. 1. Mr. Justice Lumpkin, in the case just cited, reasoned that the record of the main action was, with regard to the garnishment proceeding, merely evidentiary and nothing more; that the main action was a separate and distinct suit f-rom the garnishment proceeding, and in no view could be considered as a part of the pleadings, or
Judgment reversed.