MURPHY v. COLUMBUS MILLS

42720.

116 Ga. App. 198 (1967)

198 S.E.2d 657

MURPHY v. COLUMBUS MILLS et al.

Court of Appeals of Georgia.

Decided June 29, 1967.

Rehearing Denied July 17, 1967.


Attorney(s) appearing for the Case

Everett L. Almon, for appellant.

Richard H. Monk, Jr., Foley, Chappell, Young, Hollis & Schloth, William J. Schloth, Ray, Owens, Keil & Hirsch, Beverly R. Keil, for appellees.


PANNELL, Judge.

Where, as in the instant case, a purported, although for many reasons a fatally defective, answer to a summons of garnishment has been filed by the garnishee within the time required by law, and such answer, as shown on the face of the record, remains untraversed and undisposed of, it should be first dismissed or otherwise disposed of before a judgment by default can be properly taken. Accordingly, the court did not err, at the same term upon discovering...

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