ELDER BUILDING SUPPLY CO. v. WALL

41885.

114 Ga. App. 117 (1966)

150 S.E.2d 350

ELDER BUILDING SUPPLY COMPANY v. WALL.

Court of Appeals of Georgia.

Decided June 29, 1966.

Rehearing Denied July 19, 1966.


Attorney(s) appearing for the Case

Wotton, Long, Jones & Read, Calhoun A. Long, for appellant.

Wall, Armstrong, Aynes & Fuller, Alford Wall, for appellee.


BELL, Presiding Judge.

Although it is obvious from the stipulation of facts that the plaintiff's claim to the surplus fund is superior to the claim of the garnishee and that the plaintiff has a remedy in equity which he is entitled to assert in a separate suit against the garnishee, (see East Atlanta Bank v. Limbert, 191 Ga. 486, 489 (2) (12 S.E.2d 865), nevertheless this is a garnishment proceeding, and the case must be resolved by principles peculiarly applicable...

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