History
  • No items yet
midpage
Hilltop Auto Salvage, Inc. v. Mason
132 Ga. App. 746
| Ga. Ct. App. | 1974
|
Check Treatment
132 Ga. App. 746 (1974)
209 S.E.2d 25

HILLTOP AUTO SALVAGE, INC.
v.
MASON et al.

49489.

Court of Appeals of Georgia.

Submitted July 1, 1974.
Decided September 26, 1974.

Heyman & Sizemore, Benjamin H. Oehlert, III, for appellant.

Charles M. Lipman, Robert S. Horowitz, for appellees.

QUILLIAN, Judge.

The appellee obtained a divorce from Charles *747 Mason, Jr. in which Mason was required to pay alimony. When Mason became in arrears in his alimony payments the appellee obtained a judgment and had a summons of garnishment filed against the appellant, a company which Mason owned. A summary judgment was granted for the appellee and an appeal was filed. Held:

The appellant contends that the garnishment was not valid because certain portions of the debt were exempt and therefore not subject to garnishment. The appellant argues that both state and federal authorities support this position. With this contention we cannot agree. It has long been the law of this state that the provisions of Code § 46-208 (as amended, Ga. L. 1958, pp. 335, 336; 1970, p. 724) do not apply to garnishments for alimony. Bates v. Bates, 74 Ga. 105; Caldwell v. Central of Ga. R. Co., 158 Ga. 392 (123 SE 708); Huling v. Huling, 194 Ga. 819, 821 (22 SE2d 832).

Judgment affirmed. Bell, C. J., and Clark, J., concur.

Case Details

Case Name: Hilltop Auto Salvage, Inc. v. Mason
Court Name: Court of Appeals of Georgia
Date Published: Sep 26, 1974
Citation: 132 Ga. App. 746
Docket Number: 49489
Court Abbreviation: Ga. Ct. App.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.