Court of Appeals of Georgia May 7, 1908, 971 (Taylor v. Futch)

Russell, J.

Futch sued Taylor on a promissory note. The defendant pleaded, that he paid the note, by reason of the fact that he was garnished on a fi. fa. in a justice’s court, obtained by L. H. Warlick against W. R. and J. E. Futch, and he paid the garnishment judgment by giving his note to Warlick, the plaintiff in fi. fa.