68 Ga. 444 | Ga. | 1882
The procedures of courts are always subject to legislation. The amended act of 6th December, 1880, repealed the ten days’ limitation of the 4161st section of the Code,, and the duty and direction it imposed ceased to exist. The amended act was remedial,, and should be liberally construed, and under it we hold the right and privilege-were extended to the garnishee to answer at the term to-which the garnishment was returnable; and especially is-this so, when at the passage of the act the garnishee had not forfeited his right to answer under section 4161, as-the ten days had not expired from the date of the service.
It does not appear from the record on what ground the court overruled the demurrer to the answer, and if for any good cause he was right, his judgment will be sustained.
It appears the answer to the summons of garnishment was made 1st January, 1881, and no exceptions or traverse to said answer were made before the February term, 1881,. thirty days or more after the answer was made. Section
Judgment affirmed.