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238 Ga. 76

Jackson v. Jackson

Supreme Court of Georgia

Decided December 1, 1976

Supreme Court of Georgia · decided 1976-12-01

Relies on City Finance Co. v. Winston

Decided 1976-12-01

Undercofler, Presiding Justice.

¶1The husband was granted a motion to dismiss the garnishment, filed against him by his wife to collect a $16,393 judgment for arrearages in child support, on the ground that the 1976 post-judgment garnishment Act is unconstitutional. Ga. L. 1976, p. 1609 (Code Ann. Ch. 46-1). The garnishment does not appear to have been signed by a judicial officer. On the authority of City Finance Co. v. Winston, 238 Ga. 10, decided October 19, (1976), we affirm.

Submitted October 29, 1976 —Decided December 1, 1976.J. Timothy Lawler, for appellant.Gettle & Fraser, Sherman C. Fraser, Linus Fencle, for appellees.

¶2Judgment affirmed.

All the Justices concur, except Ingram and Hall, JJ., who dissent.
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