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2018 Georgia Code 9-8-12 | Car Wreck Lawyer

TITLE 9 CIVIL PRACTICE

Section 8. Receivers, 9-8-1 through 9-8-14.

ARTICLE 4 QUO WARRANTO

9-8-12. Garnishment not available against receiver.

A receiver shall not be subject to the process of garnishment.

(Orig. Code 1863, § 3475; Code 1868, § 3495; Code 1873, § 3553; Code 1882, § 3553; Civil Code 1895, § 4910; Civil Code 1910, § 5485; Code 1933, § 55-311.)

JUDICIAL DECISIONS

Status of clerk holding funds to await final distribution is analogous to that of receiver, who is not subject to the process of garnishment, rather than to the status of a sheriff, who is subject to such process. Bird v. Harris, 63 Ga. 433 (1879); Chance v. Simpkins, 22 Ga. App. 148, 95 S.E. 739 (1918).

Cited in Goddard v. Boozer, 160 Ga. App. 303, 287 S.E.2d 308 (1981).

RESEARCH REFERENCES

Am. Jur. 2d.

- 6 Am. Jur. 2d, Attachment and Garnishment, § 396. 65 Am. Jur. 2d, Receivers, § 111.

C.J.S.

- 38 C.J.S., Garnishment, § 293 et seq. 75 C.J.S., Receivers, §§ 130 et seq., 493, 494.

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