Carroll v. Carroll, 52316
| Decision Date | 12 July 1976 |
| Docket Number | No. 52316,No. 3,52316,3 |
| Citation | 139 Ga.App. 308,228 S.E.2d 347 |
| Parties | M. W. CARROLL v. Sara T. CARROLL et al |
| Court | Georgia Court of Appeals |
Douglas L. Breault, Columbus, for appellant.
Hirsch, Beil & Partin, John P. Partin, Columbus, for appellees.
Appellant raises the question of whether the 1975 statute regarding garnishment, Code Ch. 46-1 (Ga.L.1975, p. 1291) was complied with as to service and as to giving bond. However, the statute upon which both grounds were based has been repealed by H. B. No. 1371 which became effective upon the Governor's signature on April 7, 1976. The statute specifically provides it 'shall apply to all garnishment cases pending on the date of its adoption.' Sect. 3, Ga.L.1976.
Because of the impact of this statute (see Hill v. Willis, 224 Ga. 263, 265(1), 161 S.E.2d 281; Bazemore v. Burnet, 117 Ga.App. 849, 851, 161 S.E.2d 924) and in order to preserve the rights of the parties to raise such issues, constitutional or otherwise, as they may desire, this case is therefore remanded to the trial court with direction that the trial judge make a determination in view of the 1976 statute.
Remanded with direction.
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Bryant v. J. Scott Rentals, Inc.
...unconstitutional by the Supreme Court in City Finance Company v. Winston, 238 Ga. 10, 231 S.E.2d 45. In the case of Carroll v. Carroll, 139 Ga.App. 308, 228 S.E.2d 347 the 1976 statute was held to be applicable to all cases pending on appeal. Thus as the 1976 statute applies to this case an......
- Willson v. Johnson Stores, Inc., 52325
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Carroll v. Carroll, 52444
...John P. Partin, Columbus, for appellee. QUILLIAN, Judge. The holding in this case is controlled by our decision in Carroll v. Carroll, 138 Ga.App. 308, 228 S.E.2d 347. Remanded with DEEN, P.J., and WEBB, J., concur. ...