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1 Ga. L. Rep. 353

Taylor v. Benjamin

Supreme Court of Georgia

Decided July 1, 1886

Supreme Court of Georgia · decided 1886-07-01

<p>Rule, prom Effingham. Garnishment. Distress Warrant. Justice Courts. Rule. (Before Judge Adams.)</p>

Decided 1886-07-01

Blandford, J.

¶1Although a garnishment cannot issue on a distress warrant, yet where a garnishment was so issued and served, and the garnishee answered, admitting indebtedness, whereupon the justice rendered judgment for the amount admitted, collected the amount and paid it over to'the plaintiff in the distress warrant, the judgment was merely erroneous; and the garnishee having made no objection, and the judgment having been executed, a rule would not lie in favor of the defendant in the distress warrant against the justice to compel the payment to such defendant of the amount so collected and paid. 34 Ga., 178; Code, §3961.

¶2Judgment reversed.

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