111 Ga. 835

Morgan v. Latham et al.

Submitted April 27, —

Decided May 12, 1900.

Garnishment. Before Judge Janes. Haralson superior court. July term, 1899.

Edwards & Ault, for plaintiff.

W. P. Robinson, for defendants.

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.

Morgan v. Latham
111 Ga. 835

Case Details

Name
Morgan v. Latham
Decision Date
May 12, 1900
Citations

111 Ga. 835

Jurisdiction
Georgia

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