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North Georgia Finishing, Inc. v. DI-Chem, Inc., 419 U.S. 601 (1975)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
North Georgia Finishing, Inc. v. DI-Chem, Inc., 419 U.S. 601 (1975)
North Georgia Finishing, Inc. v. Di-Chem, Inc. No. 73-1121 Argued November 18, 1974 Decided January 22, 1975 419 U.S. 601
CERTIORARI TO THE SUPREME COURT OF GEORGIA
Syllabus
Georgia statutes permitting a writ of garnishment to be issued by an officer authorized to issue an attachment or a court clerk in pending suits on an affidavit of the plaintiff or his attorney containing only conclusory allegations, prescribing filing of a bond as the only method of dissolving the garnishment, which deprives the defendant of the use of the property in the garnishee’s hands pending the litigation, and making no provision for an early hearing, violate the Due Process Clause of the Fourteenth Amendment, Sniadach v. Family Finance Corp., 395 U.S. 337; Fuentes v. Shevin, 407 U.S. 67. Mitchell v. W. T. Grant Co., 416 U.S. 600, distinguished. That this case involved garnishment of a corporation’s sizable bank account, rather than a consumer’s household necessities, is immaterial, since the probability of irreparable injury if the garnishment proves unjustified is sufficiently great to require some procedure to guard against initial error. Pp. 605-608.
231 Ga. 260, 201 S.E.2d 321, reversed and remanded.
WHITE, J., delivered the opinion of the Court, in which DOUGLAS, BRENNAN, STEWART, and MARSHALL, JJ., joined. STEWART, J., filed a concurring statement, post, p. 608. POWELL, J., filed an opinion concurring in the judgment, post, p. 609. BLACKMUN, J., filed a dissenting opinion, in which REHNQUIST, J., joined, and in numbered paragraph 5 of which BURGER, C.J., joined, post, p. 614.
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Chicago: U.S. Supreme Court, "Syllabus," North Georgia Finishing, Inc. v. DI-Chem, Inc., 419 U.S. 601 (1975) in 419 U.S. 601 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=HJUZATWD22X2XPV.
MLA: U.S. Supreme Court. "Syllabus." North Georgia Finishing, Inc. v. DI-Chem, Inc., 419 U.S. 601 (1975), in 419 U.S. 601, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=HJUZATWD22X2XPV.
Harvard: U.S. Supreme Court, 'Syllabus' in North Georgia Finishing, Inc. v. DI-Chem, Inc., 419 U.S. 601 (1975). cited in 1975, 419 U.S. 601. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=HJUZATWD22X2XPV.
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