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MARLER OIL COMPANY v. CITIZENS & SOUTHERN BANK OF MILLEDGEVILLE

58831.

153 Ga. App. 186 (1980)

265 S.E.2d 58

MARLER OIL COMPANY v. CITIZENS & SOUTHERN BANK OF MILLEDGEVILLE.

Court of Appeals of Georgia.

Decided January 7, 1980.

Rehearing Denied January 28, 1980.

Attorney(s) appearing for the Case

John F. Sheehy, for appellant.

Ben F. Johnson, III, Robert E. McCormack, III, Charles N. Field, Sheri H. Silverman, for appellee.

SMITH, Judge.

After suffering a default judgment, appellant-garnishee moved for relief under Code § 64-509, within sixty days of receiving actual notice of the default judgment. However, appellant did not tender the accrued court costs until approximately eighty days subsequent to its receiving actual notice of the judgment. The trial court, therefore, correctly denied appellant's motion. Code § 46-509; Boston Sea Party v. Bryant &c. Co.,

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