Madsen v. Memorial Sales of Georgia, Inc.

Full title: MADSEN v. MEMORIAL SALES OF GEORGIA, INC. et al

Court: Court of Appeals of Georgia

Date published: Oct 25, 1976

230 S.E.2d 115 (Ga. Ct. App. 1976)

230 S.E.2d 115

Opinion

52606.

ARGUED SEPTEMBER 21, 1976.

DECIDED OCTOBER 25, 1976.

Garnishment. Fulton Civil Court. Before Judge Wright.

Daniel C. B. Levy, for appellant.

Smith, Cohen, Ringel, Kohler Martin, David K. Whatley, for appellees.

BELL, Chief Judge.

This is a post-judgment garnishment proceeding which was instituted prior to July 1, 1975. The Supreme Court in Coursin v. Harper, 236 Ga. 729 ( 225 S.E.2d 428) held that Georgia's garnishment statutes in existence prior to July 1, 1975 were unconstitutional in pre as well as post-judgment garnishment cases. We must therefore hold the instant garnishment proceeding void and of no effect. Rose, Silverman Hunt v. Ben O'Callaghan Co., 134 Ga. App. 648 ( 215 S.E.2d 515). The judgment for the garnishee is affirmed.

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

ARGUED SEPTEMBER 21, 1976 — DECIDED OCTOBER 25, 1976.