Battles v. Battles

Georgia Court of Appeals June 8, 1976

Battles v. Battles, 227 S.E.2d 524 (1976)

138 Ga. App. 841; 1976 Ga. App. LEXIS 2338

Bell, Clark, Stolz

Opinion

Bell, Chief Judge.

This is a post-judgment garnishment case which was commenced prior to July 1, 1975, pursuant to our then existing garnishment statutes. The Supreme Court in Coursin v. Harper, 236 Ga. 729, held that the Georgia procedure for pre-judgment and post-judgment garnishment as it existed prior to July 1, 1975, failed to provide due process and was unconstitutional. Coursin *842 controls and the judgment of the trial court for the plaintiff must be reversed.

Argued February 2, 1976 Decided June 8, 1976. Page, Scrantom, Harris, McGlamry & Chapman, Joan Swift, for appellant. H. Palmer Carr, Jr., Assistant U. S. Attorney, Schumacher, Collins & Oates, Samuel W. Oates, Jr., Thomas O. L. Collins, for appellees.

Judgment reversed.

Clark and Stolz, JJ., concur.

Reference

Full Case Name: BATTLES v. BATTLES Et Al.
Cited By: 5 cases
Status: Published