TaiLexi AI U.S. Case Law

Morgan v. Latham

Morgan v. Latham, 36 S.E. 99 (Ga. 1900)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of Georgia · State Highest Courts
Decided
May 12, 1900
Judges
Simmons
Citations
36 S.E. 99111 Ga. 8351900 Ga. LEXIS 788
Summary
Garnishment. Before Judge Janes. Haralson superior court. July term, 1899.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Simmons

Text extracted by OCR from a scanned original; check the original for exact wording.

Simmons, C. J.

Where a plaintiff brought two suits in the same court against the same defendant, upon different causes of action, and sued out one summons of garnishment based upon the two suits, consolidating them in the affidavit and bond to obtain the garnishment, the proceeding was illegal and void, and the defendant in the suits could take advantage of the illegality of the proceeding although he had given bond and dissolved the garnishment. Rich v. Kiser, 61 Ga. 370 .

The proceeding being illegal, the plaintiff was not entitled to a judgment upon a garnishment bond on both suits or on either.

Judgment affirmed.

All the Justices concurring, except Fish, J.,rabseni.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1917: 11918: 119172026peak 1917 · 1

Relies on it most ⓘ

  1. Jones v. Maril91 S.E. 445 (Ga. Ct. App. 1917)
  2. Wright v. Stewart97 S.E. 193 (Ga. Ct. App. 1918)

Most recent

  1. Wright v. Stewart97 S.E. 193 (Ga. Ct. App. 1918)
  2. Jones v. Maril91 S.E. 445 (Ga. Ct. App. 1917)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Rich & Co. v. Kiser & Co., 61 Ga. 370 (1878) 3

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list