Legal Opinion
Payne v. Brown Construction Co.
Court of Appeals of Georgia
Decided January 15, 1932No. 21625PublishedCited by 3 opinions
1Opinion of the CourtJenkins, P. J.
1. “If the defendant has not been served, and does not appeal-, he may take advantage of the defect by affidavit of illegality; but if he has had his day in court, he can not go behind the judgment by an affidavit of illegality.” Civil Code (1910), § 5311.
2. Under the provisions of the Civil Code (1910), § 5269, a garnishee is, required to appear and answer at the term of court to which the summons is properly made returnable, and if he flies an answer sooner it is premature, but is not on that account insufficient unless it be excepted to; and when excepted to it is amendable. Plant v.…
2Cases cited6 opinions
- Plant & Son v. Mutual Life InsuranceSupreme Court of Georgia · 1893
- Henderson v. Mutual Fertilizer Co.Supreme Court of Georgia · 1920
- Hines v. MinorCourt of Appeals of Georgia · 1921
- Myrick v. Jones-Stewart Motor Co.Court of Appeals of Georgia · 1929
- Haney & Tinsley v. OwensCourt of Appeals of Georgia · 1929
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Mark Ten Homes Corp. v. First National BankCourt of Appeals of Georgia · 1967
- Milton County Bank v. BagwellCourt of Appeals of Georgia · 1932
- Savannah Bank & Trust Co. v. KeaneCourt of Appeals of Georgia · 1972