Knox v. Knox., 151 Ga. App. 144, 259 S.E.2d 150 (1979)

Georgia Court Of Appeals

Status: SUBMITTED

Docket Number: 58102

Parts: DEEN, Chief Judge.

Linked as:

Summary

Appeal dismissed. Shulman and Carley, JJ., concur.

Summary

Appeal dismissed. Shulman and Carley, JJ., concur.

Text

William J. Doll, for appellee.Paul S. Weiner, for appellant.

"A garnishment proceeding is an action between the plaintiff and garnishee." Code Ann. 46-401 (Ga. L. 1976, pp. 1608, 1616). That this has always been the rule, see Fulton Nat. Bank v. Young, 123 Ga. App. 91 (179 SE2d 529) (1970) and cit.

No final judgment has been entered in this case, and it is still pending following payment into court by the garnishee of certain sums deducted from payroll which became due between the 30th and 45th day after the second service of the affidavit and bond in garnishment. (The garnishee, a United States governmental entity, refused and returned the original service but answered the second service.) As to the propriety of the service, see Code Ann. 46-104.

App. 131 (251 SE2d 97) (1978).

1979