From Casetext: Smarter Legal Research

Cartwright v. Alpha Transportation Service, Inc.

Court of Appeals of Georgia
Feb 15, 1982
289 S.E.2d 827 (Ga. Ct. App. 1982)

Opinion

61081.

DECIDED FEBRUARY 15, 1982.

Garnishment. Fayette Superior Court. Before Judge Whalen.

Glenn Howell, for appellant.

Richard A. Katz, J. Michael Lamberth, for appellee.


The Supreme Court in Alpha Transp. Service v. Cartwright, 248 Ga. 701 ( 285 S.E.2d 713) has reversed our decision in Cartwright v. Alpha Transp. Service, 159 Ga. App. 296 ( 283 S.E.2d 282). Accordingly, that judgment and the corresponding opinion are vacated and set aside. The Supreme Court therein held that under Code Ann. § 81A-104 (d) (Ga. L. 1966, pp. 609, 610; 1967, pp. 226, 227, 228, 249; 1968, p. 1036; 1968, pp. 1104, 1105; 1969, p. 487; 1972, pp. 689-692; 1980, pp. 1124, 1125) the methods of service provided therein may be used as alternative methods of service in "special statutory proceedings" and such service of process may be used in a garnishment proceeding.

In the case sub judice service of the affidavit and summons upon the garnishee's husband (defendant in the garnishment proceeding) at their dwelling house and usual place of abode was held by the Supreme Court to be proper service upon the garnishee under Code Ann. § 81A-104 (d), supra. It is now the judgment of this court that garnishee was properly served.

Judgment affirmed. Quillian, C. J., and Pope, J., concur.

DECIDED FEBRUARY 15, 1982.


Summaries of

Cartwright v. Alpha Transportation Service, Inc.

Court of Appeals of Georgia
Feb 15, 1982
289 S.E.2d 827 (Ga. Ct. App. 1982)
Case details for

Cartwright v. Alpha Transportation Service, Inc.

Case Details

Full title:CARTWRIGHT v. ALPHA TRANSPORTATION SERVICE, INC

Court:Court of Appeals of Georgia

Date published: Feb 15, 1982

Citations

289 S.E.2d 827 (Ga. Ct. App. 1982)
161 Ga. App. 274