Brinson v. Birge
Supreme Court of Georgia
Affidavit of illegality. Before Judge Candler. Burke superior court. December term, 1896.
1Opinion of the CourtLumpkin, P. J.
The bill of exceptions in the present case alleges that the trial court committed error in dismissing an affidavit of illegality which had been interposed to the levy of an execution. This affidavit contained numerous grounds, the •substance of which, in condensed form, appears in the headnote.
It is obviously true that if an execution is levied upon property belonging to one other than the defendant in execution, the latter has not for this reason any legal cause of complaint. Nor is it, as a general rule, a matter of any concern to such de*803fendant to whom the execution belongs. If for any…
2Cited by6 opinions
- Thomas & McCafferty v. SieselCourt of Appeals of Georgia · 1907
- Linam v. AndersonCourt of Appeals of Georgia · 1913
- Waldschmit v. City of New BraunfelsCourt of Appeals of Texas · 1917
- Johnson & Son v. Friedman-Shelby Shoe Co.Court of Appeals of Georgia · 1914
- Bower v. Certain-Teed Products Corp.Supreme Court of Georgia · 1960
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