Collier-Byrd v. Allen

1 Citing case

  1. Lovell v. Service Concept

    269 S.E.2d 894 (Ga. Ct. App. 1980)   Cited 1 times

    If the defendant appellee had a valid DeKalb order vacating the main money judgment and nullifying and enjoining all garnishment proceedings, it had such order before the Fulton garnishment default judgment was rendered. Such DeKalb order was the perfect and absolute defense to the garnishment proceeding and there is no good reason why the defendant should not have made it (see Collier v. Allen, 128 Ga. 442, 444 ( 57 S.E. 691) and York v. Clopton, 32 Ga. 362, 366). From this arises the second point in the case, which is that the plaintiff sought and the Fulton Court did issue a default judgment in garnishment when in fact the DeKalb Court had previously vacated the main money judgment.