Martin v. Cullum

Full title: MARTIN v. CULLUM et al

Court: Court of Appeals of Georgia

Date published: Feb 21, 1978

243 S.E.2d 108 (Ga. Ct. App. 1978)

144 Ga. App. 886

Opinion

55251.

ARGUED FEBRUARY 6, 1978.

DECIDED FEBRUARY 21, 1978.

Garnishment. Fulton State Court. Before Judge Beasley.

Candler, Cox, Andrews Hansen, E. Lewis Hansen, for appellant.

Richard M. Skelly, for appellees.

WEBB, Judge.

The plaintiff in this garnishment proceeding having failed to traverse the garnishee's answer alleging that it is not indebted to the defendant in any amount, the garnishee is "automatically discharged" (Code Ann. § 46-504), the proceeding is at an end, and the order of the court dismissing defendant's traverse to plaintiff's affidavit of garnishment need not be ruled upon. Code Ann. § 6-701 (b). Accordingly defendant's appeal from that order is dismissed.

Appeal dismissed. Quillian, P. J., and McMurray, J., concur.

ARGUED FEBRUARY 6, 1978 — DECIDED FEBRUARY 21, 1978.