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Rigdon v. Roberts Insurance Agency, Inc.

Court of Appeals of Georgia
Oct 13, 1967
157 S.E.2d 827 (Ga. Ct. App. 1967)

Opinion

43094.

ARGUED OCTOBER 2, 1967.

DECIDED OCTOBER 13, 1967.

Garnishment. DeKalb Civil and Criminal Court. Before Judge Mitchell.

Carley Ramsay, George H. Carley, for appellant.

Mackay Elliott, Thomas W. Elliott, for appellee.


The trial court did not err in denying a claimant's motion to set aside a judgment in a garnishment case condemning the funds paid into court by the garnishee, when the claimant filed her claim after the expiration of the time provided by law. Ga. L. 1962, pp. 717, 721 ( Code Ann. § 46-408).

1. The motion to dismiss the appeal is denied.

2. Appellant contends that the court's order condemning the funds, dated March 24, 1967, is void on the ground that it was entered prior to the expiration of 15 days after the filing of the answer by the garnishee admitting an indebtedness and paying the money into the court. While the judgment was premature and could be set aside by the appellant upon filing a claim within the 15-day period, it was merely voidable. Whitley v. Jackson, 34 Ga. App. 286, 287 ( 129 S.E. 662). The garnishee's answer was filed on March 17, 1967. The filing of the claim on April 21, 1967, and the motion to set aside the judgment on May 1, 1967, came too late. Booth v. I. H. Brooke Co., 6 Ga. App. 299, 300 ( 64 S.E. 1103. Accord Parker v. Branan, 108 Ga. App. 229 ( 132 S.E.2d 556); McDuffie Oil c. Co. v. Iler, 30 Ga. App. 671, 672 ( 118 S.E. 772).

3. Furthermore, the Civil and Criminal Court of DeKalb County has jurisdiction to enter judgment upon the garnishment, no claim having been filed within the time provided by law ( Code Ann. § 46-408, supra). Charles S. Martin Distributing Co. v. Southern Finance Co., 88 Ga. App. 339, 341 ( 76 S.E.2d 662. Accord Drury v. Waynesville Mercantile Co., 43 Ga. App. 265 ( 158 S.E. 535).

Judgment affirmed. Felton, C. J., and Eberhardt, J., concur.

ARGUED OCTOBER 2, 1967 — DECIDED OCTOBER 13, 1967.


Summaries of

Rigdon v. Roberts Insurance Agency, Inc.

Court of Appeals of Georgia
Oct 13, 1967
157 S.E.2d 827 (Ga. Ct. App. 1967)
Case details for

Rigdon v. Roberts Insurance Agency, Inc.

Case Details

Full title:RIGDON v. ROBERTS INSURANCE AGENCY, INC

Court:Court of Appeals of Georgia

Date published: Oct 13, 1967

Citations

157 S.E.2d 827 (Ga. Ct. App. 1967)
157 S.E.2d 827

Citing Cases

Steele v. Bank of Dalton

Therefore, the motion to set aside the judgment came too late. See Rigdon v. Roberts Ins. Agency, 116 Ga.…