G'YEAR T. & R. CO. v. NEW AMS'DAM CAS. CO.

38261, 38262.

101 Ga. App. 577 (1960)

114 S.E.2d 546

GOODYEAR TIRE & RUBBER COMPANY v. NEW AMSTERDAM CASUALTY COMPANY; and vice versa.

Court of Appeals of Georgia.

Decided May 2, 1960.


Attorney(s) appearing for the Case

Sidney Haskins, for plaintiff in error.

Nall, Miller, Cadenhead & Dennis, Robert E. Hicks, A. David Kahn, contra.


CARLISLE, Judge.

1. "While ancillary to the main action, a garnishment proceeding is a distinct suit against a separate party, and for an entirely new cause of action. In the main case the question is whether the defendant is indebted to the plaintiff. In the garnishment suit, the question is whether the garnishee is indebted to the defendant." Dent v. Dent, 118 Ga. 853 (45 S. E. 680). "All debts owing to the defendant, and all property, money, or effects...

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