Carpets v. Stinson
Carpets v. Stinson
Opinion of the Court
We hold that the appellant garnishee’s answer and payment of costs were timely to open default and that the trial court erred in concluding to the contrary, striking the answer, entering judgment against appellant, and overruling its motion to set aside the judgment.
Ga. L. 1976, pp. 1608, 1620 (Code Ann. § 46-508) provides, in part: "In case garnishee fails or refuses to file an answer by the 45th day after service of the summons, garnishee shall automatically become in default. The default may be opened as a matter of right by the filing of an answer within 15 days of the day of default upon payment of costs.” (Emphasis supplied.) Summons of
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.