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Harvely v. Daly & Co.

HARVELY v. DALY & COMPANY

Harvely v. Daly & Co., 38 S.E. 41 (Ga. 1901)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
February 28, 1901
Judges
Little
Citations
38 S.E. 41112 Ga. 8221901 Ga. LEXIS 100
Summary
Appeal. Before Judge Brinson. Richmond superior court. April term, 1900.

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

Opinion of the Court — Little

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

Little, J.

Where a claimant of funds in the hands of a garnishee dissolves the garnishment by giving bond with security as required by section 4720 of the Civil Code, and, on the trial of the issue formed on his traverse of the answer of the garnishee, judgment is rendered finding the issue against the claimant, his surety on the bond given to dissolve the garnishment becomes *823 thereby bound with the claimant for the payment of the judgment rendered on the garnishment; and where on an appeal from this judgment it appears that the only surety on the appeal bond is the same person who is surety on the bond to dissolve the garnishment, and against whom judgment has already been rendered, the appeal is a nullity; and the trial judge commits no error in dismissing the same, and in refusing to allow the appellant to amend his appeal bond by giving security. Benson v. Shines, 107 Ga. 406 , and cases there cited.

Submitted January 31, Decided February 28, 1901. Appeal. Before Judge Brinson. Richmond superior court. April term, 1900. F. T. Lockhart, for plaintiff in error. D. G. Fogarty, contra.

Judgment affirmed.

All the Justices concurring, except Simmons, O. J., and Cobb, J., absent.

How later courts describe this case

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

1903: 11904: 11907: 11916: 11921: 11939: 11942: 11989: 119032026peak 1903 · 1

Relies on it most ⓘ

  1. McEachern v. Clark90 S.E. 367 (Ga. Ct. App. 1916)
  2. Samples v. Samples21 S.E.2d 601 (Ga. 1942)
  3. Maddox v. Waldrop4 S.E.2d 684 (Ga. Ct. App. 1939)
  4. Home Group v. Commissioner92 T.C. No. 59
  5. Whitson v. McNutt & Co.105 S.E. 861 (Ga. Ct. App. 1921)
  6. McMurria v. Powell Bros. & Chason48 S.E. 354 (Ga. 1904)

Most recent

  1. Home Group v. Commissioner92 T.C. No. 59
  2. Samples v. Samples21 S.E.2d 601 (Ga. 1942)
  3. Maddox v. Waldrop4 S.E.2d 684 (Ga. Ct. App. 1939)
  4. Whitson v. McNutt & Co.105 S.E. 861 (Ga. Ct. App. 1921)
  5. McEachern v. Clark90 S.E. 367 (Ga. Ct. App. 1916)
  6. Fisher v. Pearson57 S.E. 1018 (Ga. Ct. App. 1907)

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
Benson v. Shines, 33 S.E. 439 (Ga. 1899) 18

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