Cox v. Vulcan Basement Waterproofing Co.

Full title: COX v. VULCAN BASEMENT WATERPROOFING COMPANY OF GEORGIA, INC. et al

Court: Court of Appeals of Georgia

Date published: Oct 19, 1976

230 S.E.2d 86 (Ga. Ct. App. 1976)

140 Ga. App. 30

Opinion

52784.

ARGUED OCTOBER 4, 1976.

DECIDED OCTOBER 19, 1976.

Garnishment. Fulton Civil Court. Before Judge Ward.

T. W. Gcabashe, King Spalding, A. H. Conrad, Jr., for appellant.

Powell, Goldstein, Frazer Murphy, V. Scott Killingsworth, for appellees.

WEBB, Judge.

This post-judgment garnishment case is controlled by Coursin v. Harper, 236 Ga. 729 ( 225 S.E.2d 428), as the affidavit upon which the summons of garnishment was issued was given prior to July 1, 1975. Battles v. Battles, 138 Ga. App. 841 ( 227 S.E.2d 524). This proceeding must therefore be declared "void and of no effect" ( Rose, Silverman Hunt v. Ben O'Callaghan Co., 134 Ga. App. 648 ( 215 S.E.2d 515), where we decided the issue sua sponte), and the judgment dismissing the proceeding is affirmed. "It is fundamental that a judgment of a trial court which is right will be affirmed on appeal even though the trial judge in rendering his judgment may have assigned a wrong reason therefor." Sims T. V., Inc. v. Fireman's Fund Ins. Co., 108 Ga. App. 41, 43 ( 131 S.E.2d 790).

Judgment affirmed. Deen, P. J., and Smith, J., concur.

ARGUED OCTOBER 4, 1976 — DECIDED OCTOBER 19, 1976.