
    Newman v. Coker & Son.
    No. 1912.
    November 11, 1920.
    Rehearing denied December 20, 1920.
    Equitable petition. Before Judge Wright. Floyd superior court. January 3, 1920.
    The plaintiff filed a petition against Coker & Son, alleging, in substance, that Coker & Son had brought suit against, him in the 1120th district G. M.> on a note for some $60, and had recovered judgment; that at the date named in the note and at the date of the rendition of the judgment the plaintiff in this petition was absent from the State; that on returning he entered an appeal from that judgment to a jury in -the justice’s court; which said appeal is pending therein undetermined; that while the case was still pending on appeal Coker & Son sued out garnishment in the 919th district 0. M., directed to the Central of Georgia Eailway Company) and thereby tied up petitioner’s wages; that the railway company thereupon dismissed the petitioner from -its service; that his services to the company were worth $5 per day; that he had incurred expense for counsel fees of $50; and that he suffered special and general damages, for all of which, as well as for punitive damages, he prayed a recovery. He also asked that the garnishment be restrained. The petition was dismissed on .general demurrer, which was based on the ground, among others, that the facts alleged did not constitute a cause of action. The plaintiff excepted.
    
      Henry Walker, for plaintiff.
    
      Wright Willingham and L. 11. Covington, for defendants.
   Gilbert, J.

The court did. not err in sustaining the general demurrer and dismissing the petition.

Judgment affirmed.

All the Justices concur.  