Trust Company Bank v. American Valley Inns, Inc.

Full title: TRUST COMPANY BANK v. AMERICAN VALLEY INNS, INC. et al. (two cases)

Court: Court of Appeals of Georgia

Date published: Feb 15, 1978

243 S.E.2d 283 (Ga. Ct. App. 1978)

243 S.E.2d 283

Opinion

55086, 55087.

ARGUED JANUARY 4, 1978.

DECIDED FEBRUARY 15, 1978. REHEARING DENIED MARCH 7, 1978.

Garnishment. Muscogee Superior Court. Before Judge Smith.

Martin, Kilpatrick Davidson, Marcus B. Calhoun, Jr., for appellant.

Kelley, Denney, Pease Allison, John W. Denney, Hatcher, Stubbs, Land, Hollis Rothschild, Albert W. Stubbs, Forrest L. Champion, for appellees.

SMITH, Judge.

In each case, the trial court dismissed the garnishment action for the sole reason that the judgment on which Trust Company Bank based its claim was not final and the court therefore lacked jurisdiction. Trust Company did not enumerate as error, even in a "`general way,'" that legal conclusion; hence, the court's dismissals must be affirmed. Adams-Cates Co. v. Marler, 235 Ga. 606 ( 221 S.E.2d 30) (1975); Weaver v. Whaley, 233 Ga. 635 ( 212 S.E.2d 812) (1975).

Judgments affirmed. Deen, P. J., and Banke, J., concur.

SMITH, Judge.

ARGUED JANUARY 4, 1978 — DECIDED FEBRUARY 15, 1978 — REHEARING DENIED MARCH 7, 1978 — CERT. APPLIED FOR.