Cannon v. Belmont Finance Corporation

Full title: CANNON et al. v. BELMONT FINANCE CORPORATION

Court: Court of Appeals of Georgia

Date published: Jul 16, 1969

169 S.E.2d 631 (Ga. Ct. App. 1969)

120 Ga. App. 131

Opinion

44478.

SUBMITTED JUNE 2, 1969.

DECIDED JULY 16, 1969.

Garnishment, etc. Cobb Civil and Criminal Court. Before Judge Bullard.

Edwards, Bentley, Awtrey Parker, Carl Fredericks, for appellants.

L. S. Cobb, for appellee.

FELTON, Chief Judge.

Since it has been made to appear to this court that the judgment against the garnishee "Andover Garden Apartments," which is sought to be set aside by the appellants in the present case, has been paid in full by funds deposited in court as a result of subsequent garnishment and judgment against a garnishee bank, which subsequent garnishment proceeding was based upon the judgment sought to be set aside, the appeal here from the over ruling of the motion to set aside is moot.

Appeal dismissed. Pannell and Quillian, JJ., concur.

SUBMITTED JUNE 2, 1969 — DECIDED JULY 16, 1969.

FELTON, Chief Judge.

Belmont Finance Corporation secured a judgment against Nathanial Cook in case number 4748 at the December 1965 term of the Civil and Criminal Court of Cobb County.

In October 1966, summons of garnishment on the judgment against Cook issued against Andover Garden Apartments, in case number 10623 and on January 11, 1967, judgment was taken against the garnishee Andover Garden Apartments.

Subsequently in February 1967, a garnishment was issued on the judgment against Andover Garden Apartments and served on the Bank of Smyrna in case number 12249. The Bank of Smyrna answered indebted to Andover Garden Apartments and paid a sufficient sum into court to pay the judgment, attorney's fees and court costs. On April 6, 1967, judgment was entered against the garnishee, Bank of Smyrna, in the amount of the funds paid into the court.