FELDER v. COX

1 Citing case

  1. Deaton v. Johnson

    34 S.E.2d 560 (Ga. Ct. App. 1945)

    The contention of the plaintiff in error that the garnishment proceeding under which the defendant in error was served was void for the reason that the affidavit and bond were executed in Fulton County, whereas the garnishment process was issued in Haralson County, the county of the garnishee's residence, is without merit. See Stalvey v. Varn Motors Finance Co., 56 Ga. App. 696 ( 193 S.E. 627), citing Cox v. Felder, 36 Ga. 597, where it is said: "An officer of one county may issue an attachment returnable to the courts of another." Certainly if an officer of one county may go so far as to issue an attachment returnable to the courts of another county, an officer of a county other than that of the residence of the garnishee may take affidavit and bond where the garnishment is issued in the county of the garnishee's residence.