Battles v. Battles

Full title: BATTLES v. BATTLES et al

Court: Court of Appeals of Georgia

Date published: Jun 8, 1976

227 S.E.2d 524 (Ga. Ct. App. 1976)

227 S.E.2d 524

Opinion

51796.

ARGUED FEBRUARY 2, 1976.

DECIDED JUNE 8, 1976.

Garnishment. Muscogee Superior Court. Before Judge Smith.

Page, Scrantom, Harris, McGlamry Chapman, Joan Swift, for appellant.

H. Palmer Carr, Jr., Assistant U.S. Attorney, Schumacher, Collins Oates, Samuel W. Oates, Jr., Thomas O. L. Collins, for appellee.

BELL, Chief Judge.

This is a post-judgment garnishment case which was commenced prior to July 1, 1975, pursuant to our then existing garnishment statutes. The Supreme Court in Coursin v. Harper, 236 Ga. 729, held that the Georgia procedure for pre-judgment and post-judgment garnishment as it existed prior to July 1, 1975, failed to provide due process and was unconstitutional. Coursin controls and the judgment of the trial court for the plaintiff must be reversed.

Judgment reversed. Clark and Stolz, JJ., concur.

ARGUED FEBRUARY 2, 1976 — DECIDED JUNE 8, 1976.