Morgan v. Latham, 36 S.E. 99 (Ga. 1900). · Go Syfert
Morgan v. Latham, 36 S.E. 99 (Ga. 1900). Cases Citing This Book View Copy Cite
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Morgan
v.
Latham
Supreme Court of Georgia.
May 12, 1900.
Published opinion
36 S.E. 99
1900 Ga. LEXIS 788
Edwards & Ault, for plaintiff., W. P. Robinson, for defendants.
Simmons.
Cited by 2 opinions  |  Published
Simmons, C. J.

Where a plaintiff brought two suits in the same court against the same defendant, upon different causes of action, and sued out one summons of garnishment based upon the two suits, consolidating them in the affidavit and bond to obtain the garnishment, the proceeding was illegal and void, and the defendant in the suits could take advantage of the illegality of the proceeding although he had given bond and dissolved the garnishment. Rich v. Kiser, 61 Ga. 370.

The proceeding being illegal, the plaintiff was not entitled to a judgment upon a garnishment bond on both suits or on either.

Judgment affirmed.

All the Justices concurring, except Fish, J.,rabseni.