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Hilltop Auto Salvage, Inc. v. Mason

Court of Appeals of Georgia
Sep 26, 1974
209 S.E.2d 25 (Ga. Ct. App. 1974)

Opinion

49489.

SUBMITTED JULY 1, 1974.

DECIDED SEPTEMBER 26, 1974.

Garnishment. Fulton Superior Court. Before Judge Shaw.

Heyman Sizemore, Benjamin H. Oehlert, III, for appellant.

Charles M. Lipman, Robert S. Horowitz, for appellees.


The appellee obtained a divorce from Charles Mason, Jr. in which Mason was required to pay alimony. When Mason became in arrears in his alimony payments the appellee obtained a judgment and had a summons of garnishment filed against the appellant, a company which Mason owned. A summary judgment was granted for the appellee and an appeal was filed. Held:

The appellant contends that the garnishment was not valid because certain portions of the debt were exempt and therefore not subject to garnishment. The appellant argues that both state and federal authorities support this position. With this contention we cannot agree. It has long been the law of this state that the provisions of Code § 46-208 (as amended, Ga. L. 1958, pp. 335, 336; 1970, p. 724) do not apply to garnishments for alimony. Bates v. Bates, 74 Ga. 105; Caldwell v. Central of Ga. R. Co., 158 Ga. 392 ( 123 S.E. 708); Huling v. Huling, 194 Ga. 819, 821 ( 22 S.E.2d 832).

Judgment affirmed. Bell, C. J., and Clark, J., concur.

SUBMITTED JULY 1, 1974 — DECIDED SEPTEMBER 26, 1974.


Summaries of

Hilltop Auto Salvage, Inc. v. Mason

Court of Appeals of Georgia
Sep 26, 1974
209 S.E.2d 25 (Ga. Ct. App. 1974)
Case details for

Hilltop Auto Salvage, Inc. v. Mason

Case Details

Full title:HILLTOP AUTO SALVAGE, INC. v. MASON et al

Court:Court of Appeals of Georgia

Date published: Sep 26, 1974

Citations

209 S.E.2d 25 (Ga. Ct. App. 1974)
209 S.E.2d 25

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