JUDICIAL DECISIONS Traverse of defendant’s answer in garnishment action is not a collateral issue

Strickland v. Maddox, 4 Ga. 393, 1848 Ga. LEXIS 45 (1848). Issue upon which the merits of the principal cause depends is not a collateral issue under this section. Mason & Dickinson v. Croom, 24 Ga. 211, 1858 Ga. LEXIS 186 (1858) (see O.C.G.A. § 9-10-4). Motion to dismiss on ground that plaintiff was non compos mentis is collateral issue. — When a motion is made to dismiss based on the contention that the evidence showed the plaintiff to be absolutely non compos mentis when the action was filed and also at the time of the trial, the court may refer this collateral issue to the jury. Central of Ga. Ry. v. Harper, 124 Ga. 836, 53 S.E. 391, 1906 Ga. LEXIS 638 (1906).