O'Bryan & Bros. v. Calhoun
Supreme Court of Georgia
Illegality. Pleadings. Parties. Service. Before Judge Fain. Bartow Superior Court. January Term, 1881. Reported in the decision.
1Opinion of the Court
Speer, Justice.
On the third day of February, 1880, O’Bryan Brothers recovered judgment in Bartow superior court against Robert S. Philips, John J. Calhoun and Thomas Tumlin. Pi. fa. issued, and on 31st March, 1880, was levied upon certain lands as the property of defendants.
On May 4th, 1880, one of the defendants, Calhoun, filed his affidavit of illegality to said levy upon the following grounds:
(i.) “Because deponent was never served with a copy of the original declaration and process, nor did he ever waive the same, nor did he ever appear and plead in the action on which is founded the…
2Cases cited3 opinions
- Dozier v. LambSupreme Court of Georgia · 1877
- Maund v. KeatingSupreme Court of Georgia · 1875
- Lamb v. DozierSupreme Court of Georgia · 1876
3Cited by14 opinions
- Bell v. New Orleans & Northeastern RailroadCourt of Appeals of Georgia · 1907
- Cochran v. WhitworthCourt of Appeals of Georgia · 1917
- Rawlings v. BrownCourt of Appeals of Georgia · 1914
- Georgia Railway & Power Co. v. DavisCourt of Appeals of Georgia · 1914
- Robinson v. Bryson & SonsCourt of Appeals of Georgia · 1932
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