Georgia Court of Appeals, 1976

Stauffer Chemical Co. v. Pop's Top Shop, Inc.

Stauffer Chemical Co. v. Pop's Top Shop, Inc.
Georgia Court of Appeals · Decided December 1, 1976 · Bell
140 Ga. App. 620; 231 S.E.2d 546; 1976 Ga. App. LEXIS 1584

Stauffer Chemical Co. v. Pop's Top Shop, Inc.

Opinion of the Court

Bell, Chief Judge.

This is a post-judgment garnishment proceeding to which the 1976 post-judgment garnishment statute applies. (Ga. L. 1976, pp. 1608-1629 (Code § 46-101 et seq.)). The Supreme Court in City Finance Co. v. Winston, 238 Ga. 10, held that the 1976 post-judgment garnishment statute was unconstitutional. We must therefore hold the garnishment proceeding on appeal void and of no effect. Rose, Silverman & Hunt v. Ben O’Callaghan Co., 134 Ga. App. 648, 649 (215 SE2d 515). The judgment for the defendant is affirmed.

Judgment affirmed.

Clark and Stolz, JJ., concur.

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