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CARTER v. SHERWOOD PLAZA, INC.

43846.

118 Ga. App. 612 (1968)

164 S.E.2d 867

CARTER v. SHERWOOD PLAZA, INC.

Court of Appeals of Georgia.

Decided October 8, 1968.

Rehearing Denied November 7, 1968.

Attorney(s) appearing for the Case

Stow, Garvin & Glenn, Frank B. Stow, for appellant.

Telford, Wayne & Stewart, for appellee.

DEEN, Judge.

We agree with the appellant that the lien created by service of the summons of garnishment may not be defeated by arrangements between the defendant and the garnishee for that purpose (Legg v. Spratlin, 37 Ga.App. 392 (140 SE 518)), and also that the test of whether funds in the hands of a third person are subject to garnishment is whether or not the original defendant could himself recover such funds by suit directly against the garnishee (

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