Seaboard Finance Company v. City of Decatur

Full title: SEABOARD FINANCE COMPANY v. CITY OF DECATUR et al

Court: Court of Appeals of Georgia

Date published: Feb 20, 1969

166 S.E.2d 638 (Ga. Ct. App. 1969)

166 S.E.2d 638

Opinion

44280.

ARGUED FEBRUARY 3, 1969.

DECIDED FEBRUARY 20, 1969.

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

Murray C. Underwood, for appellant.

Thomas O. Davis, for appellees.

FELTON, Chief Judge.

Where the answer of the city official upon whom the summons of garnishment for the wages of a city employee had been served, under Ga. L. 1945, p. 438 ( Code Ann. Ch. 46-8), specifically stated that said official did not give her assent and consent to said garnishment proceedings or judgment thereon, and where the traverse to the garnishee's answer contained the same statement, no valid judgment, default or otherwise, could be rendered against the garnishee city. Ga. L. 1945, pp. 438, 440 ( Code Ann. § 46-805); Redwine v. Morgan, 88 Ga. App. 625 ( 77 S.E.2d 330); Troup County Bd. of Commissioners v. Public Finance Corp., 109 Ga. App. 547 (1) ( 136 S.E.2d 509). Since the sums sought to be garnished could not be condemned without the garnishee's consent, there was no necessity or requirement for them to be paid into court. Therefore, the court did not err in its order dismissing the traverse to the garnishee's answer.

Judgment affirmed. Pannell and Quillian, JJ., concur.

ARGUED FEBRUARY 3, 1969 — DECIDED FEBRUARY 20, 1969.